Real estate

Napoletano Law specializes in real estate law. Attorney Domenick Napoletano has over 30 years of experience developing personalized legal strategies for clients seeking to buy, sell, finance, develop, and lease commercial and residential real property.

LITIGATION

Selected Cases & Published Decisions:

State and Federal class action lawsuits, including an action against the New York City Department of Finance for their imposition of "vault taxes", and against a Long Island Pet Cemetery for their heinous treatment of deceased pets.

 Jeffers v. Stein 2017 NY Slip Op 05812 Decided July 26, 2017 Appellate Division, Second Department. RPAPL article 15 to determine claim to real property.

 Perretta v. Perretta 2016 NY Slip Op 06814 Decided October 19, 2016 Appellate Division, Second Department. Partition and sale of real property and rent, use, and occupancy recovery.

Jeffers v. Stein, 2015 WL 3537273, at 1 (N.Y.Sup.,2015) Non-jury trial plaintiff failed to establish ownership through adverse possession , entitlement to reimbursement under theory of unjust enrichment, nor entitlement to a permanent injunction.

 Saad v. Elmuza, 818 N.Y.S.2d 414,415, 12 Misc.3d 57, 58 (N.Y. Sup. App. Term, 2006). Landlord alleged a month-to-month tenancy, tenant claim protected under rent control.

Southard v. Salerno 113 A D.2nd 927 Second Department (1985). Not an abuse of discretion for Special Term to refuse to grant a preliminary injunction.

Reznikov v. Walowitz 63 A.D .3"1 1134 Second Department (2009). Agreement terminating easement established servient owners' defense as a matter of law.

People v. Barbour, 96 A.D.2d 842 (N.Y.A.D. 2 Dept.,1983). In criminal possession of a weapon Supreme Court, Appellate Division, held that prosecutor's improper statements operated to deprive defendant of a fair trial, warranting reversal and a new trial.