Monthly Archives: March 2020

The “Paper Street Rule” Meets the “Practical Location Doctrine” at the Intersection of Centre Avenue and Bay 43rd Street

This was orginally published on the SGR Blog.

Street parking space is an extremely  valuable commodity in New York City, in general, and in densely  populated  residential neighborhoods, in particular. A recent spat between neighbors in Brooklyn implicated both the statute and case law  governing the several elements of a  claim of  title by adverse possession, with the overlay of two Court-made rules or doctrines, as well as a legal presumption and a shifting burden of proof.

Waterview Towers, Inc. and 2610 Cropsey Development Corp. are owners of properties in Brooklyn that abut Centre Place, a private driveway/street. Waterview owns tax block 6933, lot 55. Cropsey owns tax block 6933, lots 48 and 51. A small parking area has existed along the half of Centre Place abutting the Waterview property since prior to Cropsey’s purchase of the neighboring lot in 2005.

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Do Good Fences Make Good Neighbors?

This was originally posted on the SGR Blog.

Ismael Realty Corp. filed suit to obtain a license for permission to enter upon the adjoining property owned by Helen Zervos in furtherance of a construction project in Astoria, New York. The area in dispute was a concrete alley that separated the neighboring properties.

A three day hearing was held in November, 2019. Abdul Navaraez, Kenneth Philogene, and George King testified on behalf of Ismael. Dennis Zervos, Louis Leonidas Zervos, and Nicholas Politis testified for the Zervos. As a threshold matter, the Court credited the testimony given by the Zervos’ witnesses. To the extent that the testimony of the Ismael’s witnesses was inconsistent with that given by the Zervos’ witnesses, the Court declined to credit such testimony.

Ismael purchased two contiguous lots in Astoria with the intention of erecting a 5 or 6-story residential building. Before construction could begin, it was necessary to demolish the then-existing structures on the two lots.  The properties lie immediately adjacent to the Zervos property, which consists of a 3-family home, with multiple tenants.

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NY Governor Cuomo Signs Two Executive Orders

This was originally published on the SGR Blog.

The New York office is open and (remotely) running.  All of our attorneys have the same SGR provided laptop that seamlessly interfaces with our firm-wide IT infrastructure.

All of our various  practice area resources are available inter- and intra-office.


Governor Cuomo has signed an Executive Order permitting legal documents to be  audio-video “notarized”.

If you  are physically present in New York and need to have your signature  “notarized” please contact Nellie Lefteratos at

The Executive Order  that follows establishes the remote signing protocol.

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Deposit “Doony(brook)”

This was originally posted on the SGR Blog.

Disputes over the right of a seller to keep, or the duty to return, the down payment on a failed residential contract of sale are common, contentious and fact-specific. And regularly arise out of a contingency clause that conditions the purchaser’s obligation to close on the ability to obtain a mortgage loan. The outcome is often determined by the purchaser’s course of conduct as measured against the language of the contract. Two recent examples follow:

Doony, Inc., owned by Dr. Nonyelu Anyichie, sued Mark Palmiotto to recover a $43,500.00 down payment made in connection with a contract to buy the real property at 126 Mount Vernon Avenue, Mount Vernon, New York. Palmiotto’s attorney, John J. Pacor, Esq., the escrow agent, was also sued.

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[De]Constructive Trust: Romance in Ruins

This originally appeared on the SGR Blog.

First year law school students often take a course about equitable remedies, one of which is the imposition by  the Court of a “constructive trust”. The remedy is almost always intensely fact  sensitive because the disputes often  arise out personal relationships and undocumented special  circumstances without the formalities of a contract. A recent example follows:

From 2000 until 2017, Michael Baker and Anna Harrison were in a long-term romantic relationship. During their relationship, they ran a timber harvesting business for which various equipment was purchased. By deed dated March 7, 2017, a 4.66-acre parcel of undeveloped land on State Route 9 in the Town of Chester, Warren County, was transferred by its owner to Harrison for $3,500. The deed was not recorded.

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On a Bicycle Built…to Sue

This was originally published on the SGR Blog.

With the onset of warm weather, cyclists will again take to the road. As with almost every other form of recreation, biking provides a fertile ground for accidents, finger pointing and litigation of both simple and complex issues. Some recent examples follow.

On November 12, 2017, Frank Marzan was involved in an accident in or near a Manhattan intersection that caused him to sustain significant personal injuries. Marzan alleged that Marilyn J. Levine, a pedestrian, stepped into the bicycle lane in which Marzan was riding his bicycle, causing him to maneuver abruptly to avoid Levine and, in the process, strike nearby construction fencing. Levine maintained that she was crossing a street in a crosswalk with a pedestrian crossing signal in her favor, Marzan failed to yield the right of way to Levine and that Marzan is solely (or at least significantly) to blame for his claimed injuries.

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