Tuttle Yick Defeats a Motion to Dismiss Property Damage Claim

Alex Banzhaf and Alexa DePierro successfully defeated a motion to dismiss their client’s counterclaim in a property damage dispute between Brooklyn neighbors. Our client, the developer of its property, alleges that the neighboring condominium building illegally trespassed on to our client’s property through subterranean concrete encroachments. The encroachments were discovered during our client’s excavation phase of its property, requiring significant redesign, construction, and delay costs. The neighbor moved to dismiss on statute of limitations grounds because the encroachments were built years ago, and also asserted a res judicata defense based on a litigation between the parties’ predecessors-in-interest.

Alex Banzhaf argued the motion to dismiss before Judge Landocino. However, Judge Landochino was elevated to the Second Department before he issued a decision. Mr. Banzhaf argued the motion a second time before the newly assigned Judge Campanelli. Judge Campanelli agreed with Tuttle Yick’s arguments and denied the neighbor’s motion to dismiss the trespass claim.