Precedent-Setting Appeal Win
Hodgson Russ won a precedent-setting appeal at the Fourth Department after a nearly 10-year war between two Buffalo developers over a site adjacent to the Buffalo Niagara Medical Campus. We appealed a decision and order granting summary judgment in favor of our opponent and denying our own summary judgment motion. We convinced the Court to completely reverse the trial court's decision and our opponent's award of summary judgment. The Court also reversed the denial of summary judgment to our client, restored our client's rights to the property, and dismissed the suit against our client in its entirety. While the decision obviously has tremendous significance for our client, the case may have even great significance for New York developers who seek to avail themselves of the Brownfield Cleanup Act, which the decision extensively discusses.