Litigation

Bennett and Read has achieved substantial success in protecting and advancing our clients’ real property, business and zoning rights before both the municipal agencies and in the Court system.  While our policy is to avoid litigation if possible, often times, it is necessary.  Many times, clients are forced to litigate against those who seek to overturn favorable land use decisions we have obtained for them.  Clients are also, at times, forced to litigate to enforce and/or protect property rights which are called into question or challenged by neighbors, homeowners’ associations, estates, municipalities, special interest groups, etc.

 

Among the many cases we have successfully litigated are the following: (citations for these cases are available upon request)

 

Group for the South Fork v. Planning Board.  The firm obtained a judgment dismissing an attempt by an environmental group to upset a subdivision approval for a 36-lot subdivision.  The Court held that the owner’s subdivision’s design, for which the firm had obtained all necessary approvals, was appropriate and that a public access trail could not be required.  

 

Bacholer and Westhampton Civic Association v. Planning Board.  Here the firm obtained a judgment for a landowner dismissing an attempt by a neighbor and an environmental group to upset a 52-lot subdivision approval we had obtained for our client.  The Court held that there was no need for the landowner to prepare an environmental impact statement and that the subdivision design we had obtained approval for was appropriate.

 

Downes v. Boye.  Bennett and Read obtained a judgment dismissing an attempt by an adjoining neighbor to upset a property owner’s construction project.  Although commenced within the applicable statute of limitations by the neighbor, the Court agreed that equity prohibited the neighbor from maintaining the action. 

 

Shinnecock Nation v. Planning Board.  The firm obtained a judgment dismissing numerous adjoining property owners’ attempts, on an environmental and archeological ground, to upset a large lot subdivision approval that we had obtained for our client.  The Court held that the environmental claims were time-based and there were no archeological concerns that had not been addressed during Agency review.

 

Ferrara v. Board of Architectural Review and Historic Preservation of the Village of Southampton.  The firm obtained a judgment on behalf of our client directing the Southampton Village Architectural Review Board to approve our client’s construction project and overturning the Board’s attempt to deny the project.

 

Thek v. Zoning Board of Appeals of the Town of Shelter Island.  The firm obtained a judgment reversing the Shelter Island Zoning Board of Appeals denial of our client’s variance application.

 

Dolphin v. Zoning Board of Appeals of the Town of Shelter Island.  The firm obtained a judgment reversing the Shelter Island Zoning Board of Appeals denial of our client’s variance application.

 

Zaniewski v. Zoning Board of Appeals for the Town of Riverhead.  The firm obtained a judgment dismissing the Riverhead Zoning Board of Appeals denial of our client’s application to grant the variances necessary to divide our client’s non-conforming lot into two separate building lots.

 

Endemann v. Shelter Island Heights Association.  The firm obtained a judgment dismissing a Homeowner’s Association’s attempt to use covenants to prevent our client’s construction of a swimming pool.  The Court interpreted the covenants in our client’s favor and according to the interpretation for which our firm argued.

 

We Lead the Hunt and Morly Real Estate v. Adler.  The firm obtained a judgment dismissing two real estate brokers’ claim that our client owed a commission.  The Court found that there had not been a meeting of the minds among the parties and that in any event, the listing agreement language prevented recovery for the brokers.

 

Doyle & Doyle v. Rush  The firm obtained a judgment overturning the Town of Southampton’s attempt to extinguish our client’s pre-existing business use on a residential parcel.

 

Pellicane v. North Star  The firm defeated a bank’s summary attempt to foreclose on a mortgage held on our developer-client’s property.  Despite language in the loan agreement prohibiting such attempts, we were able to demonstrate that the subsequent actions taken by the bank gave rise to different terms, more favorable to our client, the borrower.

 

Byington v. Harris   The firm obtained a judgment dismissing Shelter Island neighbor’s attempt to prohibit a permitted dock constructed by our client. 

 

Monahan v. Hampton Point  The firm obtained a judgment holding that our client’s community’s dock facility was allowed both under the terms of an existing easement over the Plaintiff’s property as well as by our client’s continued adverse use.

 

Ram Island Association v. Hathaway  The firm obtained judgment dismissing a community’s attempt to close down our client’s pre-existing restaurant use on a residential lot.  The Court also later dismissed the Association’s attempt to use residential subdivision covenants to prohibit our client’s pre-existing, non-conforming catering and restaurant use. 

 

Katsonis v. McNamara  The firm obtained judgment on behalf of our client dismissing a judgment landowner to establish restrictive rights over a private road.

 

Gregory v. Village of Southampton  The firm obtained a judgment for our client prohibiting the Village of Southampton’s attempt to close down our client’s eating establishment.

 

Chieffo v. East End Designs  The firm obtained a judgment dismissing a contractor’s claim against our client on the grounds that the contractor failed to obtain the proper licensing.

 

Moss v. DEC and Robertson  The firm obtained a judgment for our client dismissing the neighbor’s attempt to stop our client’s approved dredging project. 

 

Bond v. Redlus  The firm obtained a judgment for our client overturning the East Hampton Zoning Board’s attempt to deny a wetlands permit, despite having granted similar permits to others.

 

Seidler v. Zoning Board of Appeals  The firm obtained a judgment on behalf of our client overturning Shelter Island Town’s attempt to merge two separate building lots owned by our client into one building lot.

 

Grobow v. Town of Southampton  The firm obtained a judgment for our client directing the Town of Southampton to issue building permits without environmental review and without requiring our client to improve Town roads.

 

Sandy International v. Korman  The Firm obtained a reversal of Zoning Board’s attempt to condition a variance granted to our client upon the Zoning Board’s continued jurisdiction of all of our clients development in the future. 

 

NER v. Town of Southampton  The firm obtained judgment declaring void the Town of Southampton’s local law which attempted to regulate our client’s commercial use of the roadways.

 

Dicastro v. Altamare et al.  The firm obtained a judgment dismissing the Plaintiff’s claim of malpractice and finding that our client, an attorney, had properly represented his client, the Plaintiff, at a real estate closing.

 













212 Windmill Lane, Southampton, NY 11968
Phone: (631) 283-9696 · Fax: (631) 283-1259