Res Judicata: A Legal Blog

Court Rules Purchaser is Unable to Recover Downpayment from Seller on Contract of Sale for Real Property

April 8, 2019

In Doony, Inc. v. Mark Palmiotto, et al., (decided March 20, 2019) the Appellate Division, Second Department affirmed the Westchester County Supreme Court’s decision denying Plaintiff’s motion for summary judgment. Plaintiff entered into a contract of sale to purchase certain real property for $435,000.00 from Defendant on June 23, 2017. …Read More

Court Denies Commercial Landlord’s Motion for Summary Judgment and Grants Tenant’s Motion to Amend its Complaint

April 3, 2019

In Catnap, LLC v. Cammeby’s Management Company, LLC the Appellate Division, Second Department affirmed the lower court decision denying defendant’s motion for summary judgment and granting Plaintiff’s motion for leave to amend its complaint. Plaintiff leased property from 19-20 Industry City Associates, LLC (“19-20 Industry City”), and Plaintiff in turn …Read More

Court Shoots Down Anti-Squirrel Hunting Lawsuit for Lack of Legal Standing

April 2, 2019

In the Matter of Sheive v. Holley Volunteer Fire Co., Inc., 2019 N.Y. Slip Op. 01982, the Fourth Department determined that the petitioner did not have standing to seek review under the State Environmental Quality Review Act (SEQRA) of a one-day squirrel hunting event put on by a volunteer fire …Read More

Court Incinerates City’s Denial of Crematory

February 8, 2019

In the Matter of White Plains Rural Cemetery Association v. City of White Plains, decided January 30, 2019, the Appellate Division, Second Department, affirmed the lower court decision to annul a determination of the City of White Plains Zoning Board of Appeals denying a use variance for a crematory at …Read More