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Real Estate Appeal Victories

In 2022, the firm was awarded 2 separate Real Estate litigation victories by the Appellate Division, Second Department, in cases which involved Article 78 of the CPLR, Article 14 of the RPTL, Article 15 of the RPAPL, and 28 U.S.C. Section 2410.

In Matter of A. Ottavino Property Corp. v. Incorporated Village of Westbury, et. al., 2019-10823, the firm represented Respondents Nassau Property Investors LLC and BR Madison LLC to defend a hybrid proceeding brought pursuant to CPLR Article 78 and for Declaratory Judgment pursuant to RPAPL Article 15.  The firm successfully argued that the doctrine of collateral estoppel precluded the Petitioner’s Article 78 action.  The Court found that the Respondents “established that the decisive issue in this proceeding was necessarily decided against the petitioner in a prior action pursuant to RPAPL article 15 to quiet title to real property, and the petitioner failed to demonstrate that it did not have a full and fair opportunity to contest the prior determination”. In the lower court, the firm had argued successfully that, under the facts of this case, due process had been satisfied, since the property owner was provided with notice reasonably calculated to apprise them of taxes due.  The lower court issued a declaratory judgment of quiet title.

In Carr Holdings LLC v. Heriberto Martinez, et al., defendants, Nationstar Mortgage, et al. appellant, 2019-03710, the firm represented Respondent Carr Holdings LLC and had successfully obtained a declaratory judgment of quiet title pursuant to RPAPL Article 15 in the lower court.  Nationstar Mortgage appealed, arguing that Respondent did not comply with 28 U.S.C. Section 2410.  The firm argued, successfully, that there was no evidence presented in the Record that Respondent, a private bank, was an agent or assignee of HUD and therefore Champion may not assert HUD’s rights with respect to any alleged noncompliance with 28 USC 2410.   The Appellate Division agreed, and affirmed the declaratory judgment of quiet title.

 

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Prior results do not guarantee a similar outcome. All information posted is general advice only, based upon the rules of NYS, and is not intended to be a substitute for personal legal advice. Although information provided here was accurate as of the date of posting, laws change frequently and rules in other jurisdictions may differ. Therefore, readers should not rely upon these postings but should consult an attorney to discuss their specific factual situation.

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