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establishing an impact fee that superseded the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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