News

MSSSV Wins Federal Employment Discrimination Case on Pre- Answer Motion

In Dellate v Great Neck, the Federal court granted our pre-answer motion in an employment discrimination case. The plaintiff had asserted various free speech retaliation and due process claims, but the Court rejected each in its thorough, well-reasoned decision. Michael Miranda and Maurizio Savoiardo worked on the case. …

MSSSV Wins Appellate Reversal in Major Municipal Property Damage Case

In August of 2010, the Appellate Division, Second Department, agreed with MSSSV’s position that plaintiffs were required to file a Notice of Claim for “equitable claims” regarding the re-construction of a large wall. While typically equitable claims do not require such compliance, we persuaded the Appellate Court that the equitable and monetary claims were inseparable. …

Towing Denial Not Unconstitutional

MSSSV won an Article 78 proceeding, which also sought damages, based on the allegedly unconstitutional denial of a towing license and franchise agreement. In Autotech Collision, Inc. v. The Incorporated Village of Lynbrook, et al., the Second Department upheld the Village’s denial premised upon the towing company’s frequent violations of the Village Code. …

Village Permitted to Sell Beach Property

The Supreme Court, Nassau County, rejected the claims of a disgruntled landowner seeking to annul the Village’s discretionary decisions to sell prime waterfront land to a developer and to grant that developer a building permit. In so holding, the Supreme Court found that the Village’s decisions were entirely rational, and dismissed the petition. …

MSSSV Wins Contract Dispute Between Developer and Village

MSSSV won a tort/contract action commenced by a developer against the Village of Babylon and its officials, seeking to renew a revoked building permit as well as for monetary damages for the alleged lost value of the property.

In Racanelli v. The Village of Babylon, the developer sought damages sounding in contract, estoppel, violation of its due process rights and intentional/negligent misrepresentation arising from the Village’s revocation of a building permit and issuance of a stop work order. …

MSSSV Defense Verdict in Developer’s Civil Rights Action

After a two week trial, a Rockland County jury rejected a developer’s claims that he had been stymied in his development of a large subdivision. The developer claimed, in a hard-fought 10 year battle, that the Village of Pomona had repeatedly and illegally asked for money in lieu of the donation of parkland. …

MSSSV Starts 2010 With A Win

MSSSV won a coverage action in the Northern District of New York. In Assunta, Inc. v. Penn-America Insurance Company, the Federal Court ruled that Penn-America was not obligated to defend and indemnify its insured because of a 39 day delay in notifying the insurer of the accident.

Michael A. …