Cases Of Interest

 

Representative Cases of Interest 

Hush v. Taylor
510493
SUPREME COURT OF NEW YORK APPELLATE DIVISION, THIRD DEPARTMENT
84 A.D.3d 1532; 923 N.Y.S.2d 284; 2011 N.Y. App. Div. LEXIS 3888;
2011 NY Slip Op 3935, May 12, 2011,
Decided, May 12, 2011.

On behalf of Plaintiff landowners, D'Arrigo & Cote successfully sued an adjoining neighbor who illegally prohibited our client's use of a waterfront easement for ingress and egress to Oneida Lake. The court ruled in favor of of our client and granted them an express easement to access the lake as well as the right to construct, maintain, and use a dock.
 

JMG Custom Homes, Inc. v. Ryan
1022 CA 06-02119
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT
45 A.D.3d 1278; 844 N.Y.S.2d 817; 2007 N.Y. App. Div. LEXIS 11479;
2007 NY Slip Op 8503, November 9, 2007, Decided,
November 9, 2007, Entered.

D'Arrigo & Cote successfully represented a Plaintiff builder on appeal in enforcing oral agreement requiring buyer to deliver two all-terrain vehicles and snowmobile as credit off the purchase price of the home. The Court further ruled that buyer’s claim for breach of contract was expressly limited to only the provisions of the builder’s limited warranty.
 

Home Builders Ass'n v. County of Onondaga
Index No. 91-343, RJI No. 33-91-134,
Supreme Court of New York, Onondaga County,
151 Misc. 2d 886; 573 N.Y.S.2d 863; 1991 N.Y. Misc. LEXIS 460,
August 21, 1991, Decided.

D'Arrigo & Cote, on behalf of Plaintiff Home Builders Association, successfully overturned and voided a Onondaga County resolution imposing and collecting illegal sewer connection fees and return of all such fees to Plaintiff’s member builders. The court ruled there was no authority for the County's adoption of a resolution establishing an impact fee that superseded the state regulatory scheme.

 

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7515 Morgan Road

Liverpool, New York 13090

Phone: (315) 451-2383

Fax: (315) 451-4106

Email: jp@darrigolaw.com

Syracuse, Liverpool New York Law Firm

The attorneys of D'Arrigo & Cote advise clients about Divorce, Landlord/Tenant, Wills and Estates, Real Estate, Vehicle & Traffic Law, Municipal Law, Business and Contract law, Litigation, and Personal Injury matters from offices in Liverpool, New York. The firm serves the needs of individuals and businesses in the Greater Syracuse area and central New York including Onondaga County, Cayuga County, Oswego County, and Oneida County.

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