Practice Areas & Representative Cases

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Commercial Litigation
Land Use Litigation
Surrogate Court Litigation
Real Property Transactions
Zoning and Land Use
Adverse Possession
Condominium/Cooperative Law
Construction
Landlord-Tenant Matters
Commercial and Residential Leases
Representing Buyers and Sellers at Closing

Representative Cases

Andrew Brodnick has been involved in scores of cases, many of which have been cited in the New York State, United States Supreme Court and United States District Court Official Reports. His reported cases include:

Real Property Transactions

• Successfully opposed appeal of trial court decision which dismissed contract and fraud claims relating to purchase of real property. Batra v. Electronic Land Services, Inc., 136 A.D.3d 723, 24 N.Y.S.3d 912 (2d Dep’t 2014).
• Defended action brought by purchaser of subdivision claiming that seller failed to disclose pending condemnation proceeding. Camarda Development Co., Inc. v. Willow Ridge at Carmel, Inc., 37 A.D.3d 391, 830 N.Y.S.2d 721 (2d Dep’t 2007).
• Represented plaintiff seeking to reform deed due to mutual mistake. Lacoparra v. Bellino, 296 A.D.2d 480, 745 N.Y.S.2d 693 (2d Dep’t 2002) and 289 A.D.2d 300, 734 N.Y.S.2d 584 (2d Dep’t 2001).
• Successfully dismissed action by purchaser claiming that seller made misrepresentations. Masters v. Visual Bldg. Inspections, Inc., 227 A.D.2d 597, 643 N.Y.S.2d 599 (2d Dep’t 1996).
• Represented plaintiff claiming that defendant had not complied with conditions by which deed transferring property to defendant could be deemed delivered. Tuma v. Galgano, 11 A.D.3d 449, 782 N.Y.S.2d 747 (2d Dep’t 2004) and 303 A.D.2d 675, 757 N.Y.S.2d 80 (2d Dep’t 2003).

Condominium/Cooperative Law

• Successfully represented Board of Managers in action to compel unit owner to remove patio which was installed without permission. Carrollwood Condominium Bd. of Managers v. Pulle, 291 A.D.2d 425, 737 N.Y.S.2d 535 (2 Dep’t 2002).
• Successfully represented cooperative board in claim that board unreasonably refused to allow plaintiff to purchase cooperative shares. Leonard v. Kanner, 239 A.D.2d 153, 657 N.Y.S.2d 894 (1st Dep’t 1997).
• Defended action brought by condominium association against sponsor. Board of Managers of Pennybridge Manor Condominium v. Legend of Irvington Joint Venture, 234 A.D.2d 492, 651 N.Y.S.2d 904 (2 Dep’t 1996).

Construction

• Successfully dismissed case by home contractor on grounds that the home contractor was not licensed. Cappadona v. Salman, 228 A.D.2d 632, 646 N.Y.S.2d 27 (2d Dep’t 1996).

Commercial Litigation

• Successfully enforced promissory note against borrower who claimed that promissory note was subject to terms not set forth in the promissory note. Charter Realty & Development Corp. v. Rotterdam Mall Associates, L.P., 242 A.D.2d 656, 664 N.Y.S.2d 943 (2d Dep’t 1997).

Land Use Litigation

• Represented property owner challenging determination by zoning board of appeals. DeGregorio v. Town of Mount Pleasant Zoning Bd. of Appeals, 303 A.D.2d 585, 756 N.Y.S.2d 476 (2d Dep’t 2003).

Adverse Possession

• Successfully moved to dismiss adverse possession claim in action which was removed to federal court. Jaffer v. Hirji, 2015 WL 6473033 (S.D.N.Y. 2015).
• Successfully overturned trial court determination which granted summary judgment dismissing client’s adverse possession claim. Gjokaj v. Fox, 25 A.D.3d 759, 809 N.Y.S.2d 156 (2d Dep’t 2006).
• Successfully defended appeal of trial court decision granting plaintiff title by adverse possession. Wittus v. Dodge, 305 A.D.2d 404, 758 N.Y.S.2d 515 (2d Dep’t 2003).

Bankruptcy

• Successfully challenged appeal brought by debtor in bankruptcy proceeding on ground that appeal was not final order from which appeal could be brought. In re Duke & Benedict, Inc., 278 B.R. 334 (S.D.N.Y. 2002).
• Brought proceeding in bankruptcy court to prevent debtor from discharging post filing settlement agreement. In re Zarro, 268 B.R. 715 (Bankruptcy Ct., S.D.N.Y. 2001).

Employment Law

• Represented employer seeking to enforce restrictive covenant. IVI Environmental, Inc. v. McGovern, 269 A.D.2d 497, 707 N.Y.S.2d 107 (2d Dep’t 2000).

Landlord Tenant

• Represented landlord defending action brought by tenant claiming fraud. Rent-A-Center, Inc. v. 47 Mamaroneck Ave. Corp., 215 F.R.D. 100 (S.D.N.Y. 2003).

Miscellaneous

• Obtained judgment on behalf of Estate against decedent’s girlfriend setting aside as fraudulent transfers made to decedent’s girlfriend. McCarthy v. Estate of McCarthy, 145 F. Supp. 278 (S.D.N.Y. 2015).
• Successfully reversed trial court order and reinstated default judgment which had been vacated. Dimopoulos v. Caposella, 118 A.D.3d 739, 987 N.Y.S.2d 434 (2d Dep’t 2014).
• Successfully defended appeal by attorneys suing for legal fees who claimed that clients were not entitled to seek punitive damages against attorneys. Pirrotti & Pirrotti, LLP v. Estate of Warm, 8 A.D.3d 545, 778 N.Y.S.2d 705 (2d Dep’t 2004).
• Represented a formerly pro se plaintiff in his efforts to avoid dismissal of his action on statute of limitations grounds. Kitch v. Markham, 174 Misc.2d 611, 665 N.Y.S.2d 1019 (Sup. Ct., Westchester Co. 1997).