Client Successes

Achieving results through seamless teamwork, made possible by our multi-disciplined practice groups.

Second Circuit Victory Limits Intervention in Telecom Act Cases

Secured a major win in the Second Circuit Court of Appeals regarding the Telecommunications Act (TCA). The court upheld a decision denying residents’ intervention in a case where ExteNet Systems contested a village’s rejection of small cell network installation. The ruling sets clear criteria for intervention, requiring residents to demonstrate ‘collusion, adversity of interest, nonfeasance, or incompetence’ in TCA cases.

01/17/24
Successful Motion to Dismiss: Resolving Claims and Pursuing Counterclaims for Compensatory and Punitive Damages

Secured dismissal, reducing the claims and prompting the voluntary withdrawal of remaining claims with prejudice. The client now pursues counterclaims for private nuisance and NY Civil Rights Law violations, seeking compensatory and punitive damages.

01/12/24
Mitigating Loss in Complex Foreclosure Case Amid Zoning Amendment Impact

A developer client faced foreclosure due to a zoning amendment making their partially constructed hotel unbuildable. Despite challenges, strategic efforts in the Motion for Summary Judgment (MSJ) prevented an immediate loss. The case involves a private lender foreclosing on a loan secured by an impaired, unbuildable hotel project impacted by separate zoning litigation.

01/12/24
Cuddy & Feder Secures Possession of Beacon Single-Family Home Despite COVID Challenges and Local Statute Hurdles

Cuddy & Feder, led by Kempshall McAndrew, triumphs in reclaiming a Beacon single-family home. Overcoming COVID-induced delays and challenges posed by a contested local statute, our team secured victory in a years-long summary proceeding. This success enables our client to regain and utilize her newly renovated home.

01/12/24
Cuddy & Feder Successfully Recovers Possession of White Plains Apartment Amid Extended Legal Challenges

Cuddy & Feder, guided by Kempshall McAndrew, triumphantly reclaimed possession of a White Plains apartment from a tenant amid prolonged legal challenges exacerbated by COVID-related delays, appeals, and bankruptcy filings. Closing this protracted case enables our landlord client to secure a new, rent-paying tenant for the apartment.

01/12/24
Successful Article 78 Mandamus for Certificate of Occupancy Decision

Our clients initiated an Article 78 mandamus to compel the Building Inspector to issue a certificate of occupancy decision. The Town complied, leading to the successful resolution of the matter, resulting in the discontinuation of the special proceeding.

01/12/24
Successful Retrieval of $8 Million in Site Development Bonds

Litigation attorneys Joshua Grauer and Michael Caruso achieved a significant victory through threatened Section 1983 litigation and extended negotiations. They successfully secured the release and return of over $8 million in initial site development performance bonds for three lots in a phased development project, showcasing their effective legal strategies.

01/12/24
Overcoming Denial on Standing Grounds Through Article 78 Proceeding

Successfully challenging Woodstock ZBA’s denial on standing grounds, our client pursued an Article 78 proceeding. Highlighting procedural and substantive irregularities compelled respondents to stipulate, leading to a remand of the application to the ZBA.

01/12/24
Cuddy & Feder's Litigation Team Secure Possession Judgments in Multi-Municipality Eviction Proceedings

Cuddy & Feder attorneys Josh Kimerling and Kempshall McAndrew achieved triumph representing landlords in eviction proceedings across Westchester municipalities. Securing possession judgments and eviction warrants in courts from Rye to Yonkers, their clients swiftly regained valuable leased spaces.

01/12/24
Landmark Victories: Cuddy & Feder Secures Dual Wins in Adverse Possession Case for Westchester Homeowners

Cuddy & Feder’s Josh Kimerling and Troy Lipp secured dual victories in a Westchester Supreme Court boundary suit. After obtaining partial summary judgment for a portion of the land, they succeeded in a subsequent motion, granting their clients title by adverse possession to a larger property. These wins enabled homeowners to safeguard and fully enjoy their backyard.

01/12/24

Westchester

445 Hamilton Avenue
14th Floor
White Plains, NY 10601

T 914.761.1300
F 914.761.5372

New York City

270 Madison Avenue
Suite 1801
New York, NY 10016

T 914.761.1300
F 914.761.5372

Hudson Valley

300 Westage
Business Center
Suite 380
Fishkill, NY 12524

T 845.896.2229
F 845.896.3672

Connecticut

243 Tresser Blvd.
17th Floor
Stamford, CT 06901

T 203.969.9060