Sichenzia Ross Ference Litigation Partners Marc Ross and Scott Furst Prevail on Multiple Appeals on Behalf of Client in a Multi-Year Southampton Property Dispute
Press Release – New York, NY – May 30, 2019 – Sichenzia Ross Ference LLP (SRF) litigation partners Marc Ross and Scott Furst, together with appellate counsel, prevailed on multiple appeals taken to the Supreme Court New York, Appellate Division: Second Judicial Department. The appeals sought to reverse a Suffolk County trial court’s denial of a motion to dismiss a lawsuit commenced in 2015 by adjacent property owners who sought and were awarded by the trial court injunctive relief halting an ongoing, residential construction overlooking Shinnecock Bay, in the Town of Southampton. An earlier, related litigation concerning the property and its compliance with the local zoning laws relating to height and setback requirements, ultimately failed to resolve the dispute and gave rise to the instant lawsuit at which time SRF was engaged by the Appellant to take over the litigation.
Working with architects and expert witnesses, SRF actively litigated the defense, including developing critical documentary and testimonial evidence relating to Southampton’s zoning code and compliance with the Village’s permitting process from, among others, its Chief Building Inspector. Further, the record demonstrated to the satisfaction of the Appellate Division, that the plaintiffs had knowingly delayed the filing of their lawsuit for years after they had first received notice of the issuance of building permits, withdrawn their administrative challenges to the permits before the local Zoning Board of Appeals and observed the excavation of the future home site, the pouring of its foundation and footings and the partial framing of its exterior before seeking a preliminary injunction. The record proved pivotal to the appeals.
“Although they raised a variety of arguments at every stage of the litigation and appeals, the simple truth is this protracted dispute was the product of the adjacent property owners trying to improperly use the courts to protect their water views – a right not recognized under New York law or the local zoning laws,” said Mr. Furst.
“Like our client, we are very gratified that the Appellate Division saw the issues as we did after years of contentious, but ultimately necessary, litigation,” added Mr. Ross.
Kverel v. Silverman, LLC, 2019 N.Y. App. Div. LEXIS 4138 (2d Dep’t 2019), Kverel v. Silverman, LLC, 2019 N.Y. App. Div. LEXIS 4199 (2d Dep’t 2019).