Higgins & Trippett LLP and its principals, Thomas P. Higgins and Lewis P. Trippett, have been involved in numerous noteworthy cases. Some of those cases are listed below.
In an action filed by our client to quiet title, the trial court awarded through adverse possession a portion of a Bronx residential property that had a stone garage located on it. The defendant appealed, and the appellate court affirmed the finding of adverse possession. Plaintiff had exclusive ... Read On
After fire in a commercial building in Queens, we commenced suit for the landlord seeking a declaration that a restaurant's lease was terminated. While the declaration was granted, the court denied without prejudice the landlord's request for use and occupancy. The landlord moved for leave to ame... Read On
Because a reasonable factfinder could conclude that the board of directors of a Manhattan cooperative violated its fiduciary duty to a shareholder by failing to enforce the co-op's rules, the First Department on appeal vacated the trial court's grant of summary judgment to defendants, and reinsta... Read On
In a decision reported in the New York Law Journal on February 27, 2023, Supreme Court in Bronx County granted summary judgment for adverse possession of a garage and land in Riverdale, and a judgment issued declaring that property is now owned by plaintiff. Gelles v. Sauvage. Read On
In a decision reported in the New York Law Journal on January 18, 2023, Civil Court of New York County granted summary judgment to the landlord in commercial nonpayment proceeding for unpaid rent, water charges, and taxes. See Metro. Times Square Assoc. LLC v. Laurel Lee Rest., Inc.. Read On
In a decision reported n the New York Law Journal on August 20, 2020, the trial court denied defense motions to strike a jury demand and to quash subpoena, in case brought by shareholder involving, inter alia, the installation of "wet over dry" in a cooperative. See Fuisz v. 6 East 72nd Street C... Read On
In Supreme Court, Westchester County, the court granted summary judgment to our client, prospective purchaser of a cooperative apartment, who sought the return of her downpayment from the prospective seller. The board of the cooperative had approved the purchase by plaintiff, but only if plaintif... Read On
The First Department affirmed the trial court's denial of summary judgment of foreclosure in favor of the lender, and against our client, a developer. There were issues of fact concerning the lender's refusal to process the developer's draw request under a $95 million construction loan agreement,... Read On
Appeal of order denying motion for summary judgment on claim for breach of fiduciary duty. See Meissner v. Yun, 126 A.D.3d 565, 6 N.Y.S.3d 47 (App. Div., 1st Dept. 2015). Read On
In a decision reported in the New York Law Journal on July 9, 2014, Civil Court of New York County held a two-day traverse hearing in a commercial holdover case, and found in favor of our client, the petitioner-landlord, based inter alia upon the untruthful testimony of the respondent-tenant's pr... Read On
Successful appeal to the Second Department, which reversed the Brooklyn trial judge and granted our client, the board of a condominium, summary judgment in a common charge lien foreclosure suit filed against a unit owner in arrears. See Board of Managers of Brightwater Towers Condominium v. Ches... Read On
As reported in the New York Law Journal on May 8, 2013, the trial court denied defendant's motion to dismiss, finding that plaintiff's complaint against a cooperative, its board of directors, and its agents stated claims for, inter alia, breach of duty to cooperative shareholders. Fuisz v. 6 Eas... Read On
The First Department confirmed Commercial Division's decision below, which granted our client's motion for summary judgment and dismissed complaint against all defendants based upon plaintiff contractor's failure to comply with conditions precedent in an AIA construction contract. See MCC Develo... Read On
Appeal to Second Department by condominium's Board of Managers concerning the scope of a commercial unit owner's express easement over the condominium's common areas. See Board of Managers of Bayside Plaza Condominium v. Mittman, 50 A.D.3d 718, 855 N.Y.S.2d 230 (App. Div., 2d Dept. 2008). Read On
Court dismissed lawsuit that sought to compel our client to place “warning stickers” in copies of the Bible. See Truong v. American Bible Society, 367 F. Supp.2d 525 (S.D.N.Y. 2005). Read On
Successful appeal by Board members and cooperative corporation to First Department, which reversed trial court's granting of summary judgment in favor of a disgruntled shareholder. This opinion was the "Decision of the Day" in the New York Law Journal and the subject of commentary in such publica... Read On
Successful appeal to the Court of Appeals, the highest court in the State of New York, which unanimously reversed two courts below and held that a landlord could be held liable for injury caused by tenant's pit bull. See Baisi v. Gonzalez, 97 N.Y.2d 694, 739 N.Y.S.2d 92 (Ct. App. 2002). Read On
Appeal in action between cooperative shareholders where one party sought specific performance of contract for sale of shares under a right of first refusal contained in the shareholders' agreement. See Knecht v. Horrigan, 290 A.D.2d 222, 736 N.Y.S.2d 5 (App. Div., 1st Dept. 2002). Read On
In a decision reported in the New York Law Journal on March 19, 2001, the appellate court rules in an action between a residential tenant and a landlord over commingling of security deposit and purported damage to unit after end of lease. Wheeler v. Andriani, 29 Housing Ct. Rptr. 122C (App. Term... Read On
Higgins & Trippett LLP is committed to answering your questions about Commercial Litigation, Real Estate Litigation, Condo & Co-op Law, Trusts & Estates, Estate Planning, Probate Litigation, and Author's Contracts law issues in New York. We'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.