Adam Leitman Bailey, P.C. Defeats Neighbor’s Attempt to Use Adverse Possession Claim to Halt Construction
Adam Leitman Bailey, P.C. defeated an Order to Show Cause brought by neighboring homeowners who sought to permanently enjoin Adam Leitman Bailey, P.C.’s clients, a Westchester developer and its principal, from performing any development of an empty lot adjoining their property. The neighbors’ Order to Show Cause was filed as part of a lawsuit against the developer, as well as the Village of Scarsdale, seeking to prevent the developer from any use of his property pending resolution of the neighbors’ adverse possession claim in a related action to a portion of the empty lot.
Over the past two years, the neighbors have harassed Adam Leitman Bailey, P.C.’s clients, their employees, and local authorities, repeatedly seeking governmental or legal intervention to prevent any development from taking place on the entire property. Notably, the parcel which the neighbors claim to have adversely possessed is a small strip of land on the far side of the property that would not be disturbed by the developer’s proposed construction. Despite being repeatedly advised of this crucial fact, the neighbors persisted in pursuing action against both the Village of Scarsdale and Adam Leitman Bailey, P.C.’s client in order to halt any construction or development activities on the entire neighboring property – and not just the disputed strip – pending resolution of the adverse possession claim.
Adam Leitman Bailey, P.C.’s client had been using the neighboring property as a staging area for construction on another neighboring plot pursuant to validly issued permits until such time as it would receive a permit to build a house on the lot at issue. Were the Court to have granted the neighbors’ requests to enjoin all construction, the impacts on the developer would have been devastating, effectively rendering its property unusable for its intended purposes.
After Adam Leitman Bailey, P.C. recently defeated the neighbors’ motion for summary judgment on their claims in the related adverse possession action in a devastating opinion, the firm was also retained to quickly dispose of the injunction action so the developer could focus of the maximizing profit from the property.
Within days of being retained in the injunction action, Adam Leitman Bailey, P.C. convinced the court to deny any temporary relief, and then defeated each and every one of the neighbor’s subsequent frivolous attempts, through motion practice and appeals to the Court, to curtail the developer’s activities while simultaneously preserving our client’s right to develop his property and eventually build a luxury home.
In complex Adam Leitman Bailey, P.C. persuasively argued that the injunction, seeking to permanently stop development on the entire parcel pending determination of the neighbor’s slim adverse possession claim, was both against the weight of law and sought relief that far exceeded any rights the neighbors may have if successful in the underlying lawsuit. In support, Adam Leitman Bailey, P.C. offered, among other evidence,. also offered aerial drone footage showing the nature of the construction, testimony the Village attorney and building inspector, and numerous permits and approvals from the Village of Scarsdale, that confirmed the propriety of the development activity. Likewise, Adam Leitman Bailey, P.C.. directed the Court to specific concessions in an agreement between the parties wherein the neighbor confirmed our client’s right to develop his adjoining property as needed without any approvals from the neighbor or the Court.
The Court issued a strongly worded decision denying the neighbor’s Order to Show Cause in full, giving our clients a complete victory including that the developer may continue the full development of his properties, and the Village of Scarsdale could continue to evaluate the developer’s applications and issue permits related thereto, while the underlying lawsuit is resolved. Following these victories, Adam Leitman Bailey, P.C. is also moving to dismiss the matter in its entirety.
Adam Leitman Bailey, P.C. Supreme Court Litigation Group Attorneys Adam Leitman Bailey, Eric S. Askanase, and Joshua Filsoof secured the victory for and continue to represent the developer in this matter.
123 Cusman PI Action 12MAR21 OTSC order