Case Law


US Bank, NA v. Gestetner, 103 A.D.3d 962, 960 N.Y.S.2d227 (3d Dept 2013)(successful appeal, dismissing fraud claims – statute of limitations issues)

Killeen v. New York Office of Real Property Services, 253 A.D.2d 792, 677 N.Y.S.2d 618 (2d Dept. 1998)(declaring Westchester’s school tax collections procedures unconstitutional, in violation of Equal Protection Clause; ultimately court ordered $4.4 million refunds).

US Bank, NA v. Gestetner, 74 A.D.3d 1538, 902 N.Y.S.2d 247 (3d Dept 2010)(winning reversal of mortgage foreclosure summary judgment with forgery and bad faith defenses)

Carlos v. Santos, 123 F.3d 61 (2d Cir. 1997)(successful defense of town in civil rights case based on abolishment of police department)

Eckhaus v. Ma, 635 F. Supp 873 (S.D.N.Y. 1986)(declared corporation’s right to protect itself from renegade director)

Farber v. Wards Co., 825 F.2d 684 (2d Cir. 1987)(co counsel)(landlord-tenant use and occupancy issues)

Beller & Keller v. Tyler, 120 F.3d 21 (2d Cir. 1997)(defense of collections case)

Howe v. Readers Digest, 686 F. Supp. 461 (S.D.N.Y. 1988)(dismissed class action lawsuit claiming sweepstakes program was a fraud)

Philippson v. Hexalon Real Estate and Arthur Andersen, 111 A.D.2d 126, 489 N.Y.S.2d 506 (1st Dept. 1985)(defense of major accounting firm in fraud case)

Richter v. Stein, 235 A.D.2d 295, 652 N.Y.S.2d 708 (1st Dept. 1997)(successful defense of art gallery accused of stealing paintings)

Katonah v. Low, 226 A.D.2d 433, 641 N.Y.S.2d 62 (2d Dept. 1996)(successful prosecution of adverse possession case)

Campagna et al v. State, slip op (Ct. Claims 2003)(several homeowners successfully sued State for salt contamination of their wells)

Eaton v. NYC Conciliation & Appeals Board, 56 N.Y.2d 340, 452 N.Y.S.2d 358 (1982)(co counsel)(religious institutions are not exempt from rent stabilization laws)

Lee v. Putnam Valley Zoning Board, 1 A.D.3d 600, 768 N.Y.S.2d 26 (2d Dept. 2003)(successful defense of zoning board denial o f variance, “single and separate ownership” issue)

Bari Homes v. Yorktown Zoning Board, 226 A.D.2d 368, 640 N.Y.S.2d 222 (2d Dept. 1996)(as Chair of ZBA, got appellate court to reverse grant of variance)

Glassmeyer v. 310 Lexington Owners Corp., 232 A.D.2d 229, 647 N.Y.S.2d 784 (1st Dept. 1996)(issues re share misallocation in cooperative housing)

Ellias v. Columbia University, 248 A.D.2d 273, 670 N.Y.S.2d 82 (1st Dept. 1998)(breach of contract claim by unsuccessful doctoral candidate)

Adrian Family Partners v. ExxonMobil, 79 Fed. Appx. 489, 2003 Westlaw 22477924 (2d Cir.)(successfully reversing District Court’s dismissal of case, for lack of subject matter jurisdiction)

Adrian v. Town of Yorktown, 210 Fed Appx. 131, 2006 WL 3826663 (2d Cir. 2006)(addressing federal ripeness standards in Civil Rights cases)

West End Neighborhood Taxpayers Assn. v. Town of Ossining, 39 A.D.2d 764, 832 N.Y.S.2d 442 (2d Dept. 2007)taxpayers lack any standing ever to challenge town equalization rates)

Powe v. Putnam Valley Planning Board, slip op (Sup. Ct. Westchester Co. 2008)(property owner successfully sued Planning Board to rescind approval of neighbor’s industrial use)(unreported)

Davis v. Putnam Valley Ethics Board, slip op. (Sup. Ct. Westchester Co. 2007)(Town Supervisor partial victory seeking to rescind ethics board determination)(unreported)

Adrian v. Town of Yorktown, 56 A.D.3d 580, 869 N.Y.S.2d 118 (2d Dept. 2008)(reinstating real estate developer’s “taking” claim against municipality, based on harassing and selective enforcement of regulations)

J & L Masonry v. Dworkin Construction, 34 A.D.3d 739, 825 N.Y.S.2d 235 (2de Dept. 2006), appeal denied, 9 N.Y.3d 803, 840 N.Y.S.2d 762 (2007)(represented general contractor on appeal – unsuccessful)

Adrian v. Town of Yorktown, 342 Fed. Appx. 699, 2009 Westlaw 2380078 (2d Cir. 2009)(reinstated $150,000 jury verdict)

Adrian Family Partners I, LP Exxonmobel Corp., 61 A.D.3d 901, 878 N.Y.S.2d 140 (2d Dept. 2009)(unsuccessful appeal in contract/duress case)
Wells Fargo v. Final Touch, ___ A.D.3d___, ___ N.Y.S.2d ___ Westlaw 6645444 (2d Dept. 2013)(winning vacatur of default judgment; service of process issues)