February 10, 2016
The Appellate Division, Second Department has reversed the dismissal of a trade fixture claim and remitted the matter to the trial court. See Matter of Village of Spring Val., N.Y. (Sport club International, Inc.) 2016 NY Slip Op 00985 http://www.nycourts.gov/reporter/3dseries/2016/2016_00985.htm
January 29, 2014
In order to access the decision, click on this post, then click here: Pack It Awav v ESDC
August 16, 2013
Justice Wayne Saitta, Kings County Supreme Court, just wrote a terrific decision denying a condemnor’s motion to dismiss part of a trade fixture claim. The decision, Pack It Away Storage Systems, Inc. v New York State Urban Development Corporation, d/b/a Empire State Development Corporation, Sup Ct., Kings County, August 9, 2013, Saitta, J. Index No. 1686/12, can be found on the following hyperlink:Pack it Away Storage Systems. The decision contains important black-letter law. One example is “[w]here the land and fixtures are owned by different entities, and the owner of the fixtures has retained… read more
August 15, 2013
The Appellate Division, Second Department in Matter of Staten Is. Bluebelt Phase 2 v City of New York, 2013 NY Slip Op 5532, recently affirmed a trial court order (Saitta, J), which granted a motion to exchange amended appraisal reports because the appraisal reports that were filed “appeared to be deficient.” The appellate court cited Yaphank Dev. Co. v County of Suffolk, 203 AD2d 280, 282 and explained that the court has a constitutional mandate to give just and fair compensation for any property taken. It explained that the order… read more
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