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Nov 7, 2024 | 
jdsupra.com | John Armentano
Failing to file a notice of claim pursuant to Civil Practice Law and Rules (“CPLR”) Section 9802 can become a trap for the unwary litigator who commences a hybrid proceeding-action (Article 78 claim(s) combined with plenary cause(s) of action) or a strict Article 78 proceeding against a village (see South Nyack Police Assn. v Village of South Nyack, 229 AD3d 635 [2d Dept 2024]).
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Oct 30, 2024 | 
mondaq.com | John Armentano
A recent case, City of New York v. Ball, 2024 N.Y. Slip
Op. 24179 (Sup Ct, Albany County 2024), highlights a clash between
the powers of New York State and one of its political subdivisions,
New York City.
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Oct 24, 2024 | 
mondaq.com | John Armentano
Failing to file a notice of claim pursuant to Civil Practice Law and Rules ("CPLR")
Section 9802 can become a trap for the unwary litigator who
commences a hybrid proceeding-action (Article 78 claim(s) combined
with plenary cause(s) of action) or a strict Article 78 proceeding
against a village (see South Nyack Police Assn. v Village of South
Nyack, 229 AD3d 635 [2d Dept 2024]).
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Oct 22, 2024 | 
jdsupra.com | John Armentano
Failing to file a notice of claim pursuant to Civil Practice Law and Rules (“CPLR”) Section 9802 can become a trap for the unwary litigator who commences a hybrid proceeding-action (Article 78 claim(s) combined with plenary cause(s) of action) or a strict Article 78 proceeding against a village (see South Nyack Police Assn. v Village of South Nyack, 229 AD3d 635 [2d Dept 2024]).
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Sep 24, 2024 | 
law.com | John Armentano
A recent case, City of New York v. Ball, 2024 N.Y. Slip Op. 24179 (Sup Ct, Albany County 2024), highlights a clash between the powers of New York State and one of its political subdivisions, New York City.
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May 21, 2024 | 
law.com | John Armentano
Recently, both the New York Appellate Division and the U.S. Court of Appeals for the Second Circuit considered the plight of Ateres Bais Yaakov Academy of Rockland (ABY) regarding its failed attempt in 2018 to purchase Grace Baptist Church property in Clarkstown, New York, and establish a Jewish all-girls school.
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May 21, 2024 | 
bakerbotts.com | Lawrence Newman |David Zaslowsky |Patricia Kane |John Armentano
A recent precedential decision from the U.S. Court of Appeals for the Federal Circuit serves as an important reminder of the fundamental principle that “he who comes into equity must come with clean hands.” Keystone Driller v. General Excavator, 290 U.S. 240, 241 (1933). In Luv n’ Care v. Laurain and Eazy-PZ, No. 22-1905 (Fed. Cir. 2024), the Federal Circuit affirmed a Louisiana district court’s ruling that the patent owner was barred from obtaining relief on its claims due to unclean hands.
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Feb 7, 2024 | 
mondaq.com | John Armentano
The demand for mobile devices and our increasing reliance on
them in our everyday lives has brought with it the proliferation of
"cell phone towers." What were at one time novel
structures have now blended into the landscape. They hide in plain
sight on top of light poles and buildings, and alongside highways,
providing connectivity for arguably the most important
technological invention in the last 40 years. Yet, they continue to
face opposition by many local regulatory boards.
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Jan 8, 2024 | 
jdsupra.com | John Armentano
Recently in BMG Monroe I, LLC v. Village of Monroe Zoning Board of Appeals, the Second Department reinforced strict compliance with all State Environmental Quality Review Act (“SEQRA”) visual impact findings and mitigation conditions. BMG Monroe I, LLC, (“BMG”) is a developer that owns at 78.93-acre tract of undeveloped land, located in both the Town of Monroe and the Village of Monroe. BMG sought to develop 181 residential units on the property.
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Jan 7, 2024 | 
lexblog.com | John Armentano
Recently in BMG Monroe I, LLC v. Village of Monroe Zoning Board of Appeals, the Second Department reinforced strict compliance with all State Environmental Quality Review Act (“SEQRA”) visual impact findings and mitigation conditions. BMG Monroe I, LLC, (“BMG”) is a developer that owns at 78.93-acre tract of undeveloped land, located in both the Town of Monroe and the Village of Monroe. BMG sought to develop 181 residential units on the property.
