News

MSSSV Wins Major Land Use Case in 2nd Circuit

In 49 WB v the Village of Haverstraw, a unanimous Second Circuit Court of Appeals rejected a developer’s attempt to create section 1983 liability in an admittedly failed condemnation process. The plaintiff-developer relied upon a scathing State court appellate decision, which had found no rational public purpose for the municipality’s condemnation, and thus invalidated the entire condemnation. …

MSSSV Wins Property Rights Dispute Between Developer and Village on Summary Judgment

In Kowalczyk and Pericic v. Village of Monticello et al., Judge Ramos of the Southern District in White Plains granted defendants’ cross-motion for summary judgment, dismissing plaintiffs’ substantive due process and equal protection claims in their entirety. Invoking the doctrine of ripeness, the Court held that the plaintiffs failed to exhaust their administrative remedies by seeking an appropriate variance (as to Kowalczyk) and special use permit (as to Pericic) to legally develop their properties before commencing a Federal Civil Rights lawsuit. …

MSSSV Wins Article 78 and Bankruptcy Hearing for Nassau County Village

In Salazar v. Village of Atlantic Beach, the Village Board made a determination that the plaintiff’s building was unsafe and demolition of the structure was required. Prior to the demolition, plaintiff filed for Chapter 11 Bankruptcy in the Bankruptcy Court, Eastern District of New York in an effort to stay the demolition. …

MSSSV Defeats Family Medical Leave Act claim

In McGuiness v East/West Industries, the plaintiff alleged that he was fired in retaliation for taking a family medical leave of absence to care for his severely ill child. Judge Wexler granted our motion for summary judgment and dismissed the complaint. We were able to successfully convince the court that the claimant did not have an ongoing open ended right to family medical leave and that the claimant’s employment was terminated as a result of poor attendance and an economic slowdown. …

MSSSV Wins Another Civil Rights Case

In 49 WB v. The Village of Haverstraw, et al., Federal Judge Vincent Briccetti dismissed all claims against the Village of Haverstraw arising from a failed condemnation against a developer. Specifically, the Federal case stemmed from a New York State Appellate Division decision that invalidated the Village’s efforts to condemn plaintiff’s building. …

MSSSV Gets Reimbursed $9,000 After 3 Week First Amendment Trial

MSSSV won a defense verdict for the Village of Lloyd Harbor & its officials in a hard-fought 3 week First Amendment retaliation lawsuit. (See Firm News March 2011) Now, Eastern District Judge Kathleen A. Tomlinson has awarded the Village over $9,000, representing its costs in obtaining transcripts of the plaintiff’s deposition and trial testimony. …