“Running bamboo” is an invasive species that is now barred by law in New York. But, as a recent case illustrates, the Court may still be called upon to determine legal liability for the aggressive plants’ encroachment on a neighboring property– where the bamboo was planted before the statutory ban came into effect. Melinda and Sady Sultan sought damages relating to the spread of bamboo from the neighboring Shelter Island property of Loren and Lynn King. The Sultans sued to recover the cost to excavate and remove bamboo that had spread onto their property from next door and for the… Read more

Recent posts on this blog have highlighted the various and complicated disputes arising over failed intimate relationships– after which the formerly loving partners became combative adversaries. And, as a recent case illustrates, the jurisprudential gymnastics are even more complex where an oral joint venture evolves into the corporate form of ownership. According to the complaint in 1995 and 1996, Kristen Eikenberry and Joseph Lamson entered into a romantic relationship as well as an oral partnership together developing and renovating real estate in New York and New Jersey. The complaint refers to the partnership as EL Partnership. And asserts that Lamson… Read more

Our metropolitan area Courts regularly address disputes over driveway access between suburban neighbors. And, as a recent case illustrates, their rural counterparts present the Court with similar controversies over easements through contiguous properties. Strong Real Estate, LLC, 55 Town Line, LLC, and Robert Weigel owned lots in a 10-lot subdivision located in the Town of East Hampton. The original owner of these lots granted the Town, among other things, two agricultural easements as a condition of the Town’s approval of the plan for the subdivision. “Agricultural Easement B” burdens lot 9 of the subdivision, while “Agricultural Easement A” burdens, inter… Read more

It is easy for a plaintiff to plead the elements of causes of action for defamation and tortious interference with economic advantage. But, as a recent case—involving a condo unit owner, the managing agent, and a real estate broker—demonstrates, it is far more difficult to assert and sustain a plausible claim that can survive a motion to dismiss. Cheryl Keeling sued the property manager of her condominium and a real estate broker for defamation and tortious interference with economic advantage in what was, in essence, a dispute between Keeling, a unit owner, and the building as to the amount of… Read more

“I am going to sue you for libel!!! A not uncommon threat in our multi-faceted media and digitalized-legal landscape. Ironically, as a recent case illustrates, there may be greater defenses to defamatory statements made in Court than to those made on Facebook. NTC Collision Services, Inc. and Edward Baecher sued Michael E. Archer alleging that a statement made on Facebook constituted libel per se and/or that the statement was false, defamatory, and constituted libel innuendo. Archer moved to dismiss the complaint on the ground, among others, that the statements were based upon pure opinion and were not actionable. The complaint… Read more

Condo unit owners often feel aggrieved by every day “housekeeping” type problems—and withhold payment of their common charges until the matter is resolved. But the Board may file a common charge lien as a result of the non-payment. Was the “inconvenience” of a broken exhaust fan sufficient to stop foreclosure of the lien? Bristol Plaza is a 50-story “white glove” condominium at 200/210 East 65th Street. Angus McCallum is the fee owner of apartment 21K in the 308-unit building. The Board sued McCallum to foreclose on a $10,202.72 lien for unpaid make common charges, assessments and other charges assessed against… Read more

Failed romantic relationships, in the course of which the parties purchased and sold real property and other assets, are a constant source of post-breakup litigation asserting claims for “constructive trust” and/or “unjust enrichment”. But, as a recent case illustrates, even where based on the same “facts”, the two distinguishable causes of action may lead to different outcomes. Jim Clark and Michele Locey were involved in a long-term intimate relationship. Clark was in the business of building residential homes and Locey was a real estate broker. Together, they engaged in a business venture in which they would buy parcels of land,… Read more

Did Scholets Improperly Block Sardinos Sole Means of Access? Lake-adjacent upstate properties bring to mind the pastoral, peaceful, and sublime. But, as a recent case illustrates, rural neighbors can be as contentious and litigious about their rights to access their properties as their downstate counterparts can be with respect to mid-town high-rise roof access rights. The families of Kathleen Sardino and Arthur Scholet own adjacent parcels of property along the south shore of Big Moose Lake in the Town of Long Lake, Hamilton County. The Sardinos owned or occupied their respective properties (the Sardino Property and the Williamson Property) since… Read more

Dog bite case decisions regularly and routinely address the legal basis of liability: did (or did not) the owner know of the canine’s “vicious propensity”. But that is where the similarity begins and ends. As a recent case illustrates, each case is “fact-specific” and requires an examination of the dog’s “propensity” pedigree. Mindy Gordon was the owner of a dog named Mystery. On September 30, 2018, Amisha Mulji was walking her dog named CJ around 8:45 in the evening. Mystery was also out and being handled by Melissa Torres. Mystery was leashed but was not muzzled. Mystery then attacked, scratching… Read more

Contracts for the sale of real property usually contain so-called “conditions precedent” to closing. Contracts sometimes contain, as such a condition, a lender’s consent to the assignment of an existing mortgage on the premises. And, as a recent case illustrates, the failure of that condition raises a broad panoply of legal issues, in general, and contract-specific disputes, in particular. Prosperous View LLC agreed to purchase a condo unit at 170 Mercer Street in Manhattan from 170 Mercer LLC for $6.7 million and paid the down payment of $350,000 (to be held in escrow). Prosperous contended that the sale was contingent… Read more