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New York Commercial Division Case Compendium A Searchable Database of Court Decisions Issued by New York’s Commercial Division

Category Archives: Municipal

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Court Denies Plaintiff Summary Judgment, Where Clause in Agreement Constituted Waiver of Right to Oppose Developer’s Application for Permits to Build Condominium Units

Posted in 2d Dept, Breach of Contract, Construction, Municipal, Summary Judgment

In an October 28, 2015 decision by the Appellate Division, Second Department, the panel affirmed Justice Elizabeth Emerson’s order denying the plaintiff’s motion for summary judgment on most of its claims, and granting some branches of the defendants’ cross motion for summary judgment dismissing some of the plaintiff’s claims.

Expiration of Preliminary Injunction Not a “Final Determination” for Purposes of CPLR 6312 Undertaking Provision: Greens at Half Hollow Home Owners v Greens at Half Hollow, LLC

Posted in CPLR 6312, CPLR 6315, Municipal, Pines, Emily, Preliminary Injunction, Real estate, Suffolk

In a June 11, 2013, decision by Justice Pines, the court denied plaintiff’s motion to fix damages allegedly sustained as a result of a previously-granted preliminary mandatory injunction.  In 2011, Plaintiff-home owner’s association sued the owner/operator of a sewage-treatment plant, the Town of Huntington, and the County of Suffolk seeking, inter alia, a declaration that… Continue Reading

Notice of Claim for Breach of Contract Claim Timely When Municipal Entity Did Not Unequivocally Inform Plaintiff the Project Was Dead: Time Equities Freeport Plaza West v Incorporated Village of Freeport

Posted in Breach of Contract, Bucaria, Stephen A., Construction, CPLR 3212, Municipal, Nassau, Real estate, Rescission, Summary Judgment

In a September 13, 2012 decision by Justice Bucaria the court granted defendant partial summary judgment dismissing a cause of action for specific performance under a real estate contract but denied that branch of the motion which sought to dismiss plaintiff’s claims for failure to file a timely notice of claim. The dispute arose out… Continue Reading

Court Denies Motion to Renew Finding No Additional or New Facts to Alter Its Previous Rulings on Summary Judgment: County of Suffolk v Long Island Power Authority

Posted in Emerson, Elizabeth, Municipal, Statute of Limitations, Suffolk, Summary Judgment

In an May 8, 2012, decision by Justice Emerson, the court denied plaintiff’s motion to renew a prior cross motion for summary judgment and for leave to amend its complaint for a second time.  The motions arose out of a settlement agreement between plaintiff-county and defendant-power company resolving various actions and proceedings involving a nuclear… Continue Reading