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Hasson v. S.B.J. Associates, LLC

Citations: 117 A.D.3d 904; 985 N.Y.S.2d 905

Court: Appellate Division of the Supreme Court of the State of New York; May 21, 2014; New York; State Appellate Court

Narrative Opinion Summary

In this case, the defendants, including S.B.J. Associates, LLC and Greens at Half Hollow, LLC, appealed portions of a judgment which denied their motion to dismiss the first four causes of action in the fourth amended complaint and granted the Town of Huntington's cross motion for summary judgment. The action sought to enforce compliance with an approved site plan and recover damages for alleged breach of contract and fiduciary duties. The court upheld the judgment, finding the complaint adequately stated claims for breach of contract, breach of fiduciary duties, unjust enrichment, and a constructive trust, and was not time-barred. The defendants' evidence failed to counter the allegations or establish defenses. The Town substantiated its entitlement to summary judgment with relevant code provisions, the approved site plan, and an environmental affidavit, demonstrating non-compliance by the defendants. The court rejected the defendants' new argument regarding the invalidity of Town Code provisions, as it was introduced on appeal, and dismissed other appellants' contentions as meritless. The judgment thus affirmed the requirement for the defendants to comply with the site plan and dismissed their appeal attempts.

Legal Issues Addressed

Breach of Contract

Application: The court found that the complaint sufficiently alleged a cause of action for breach of contract against the defendants.

Reasoning: The court affirmed the judgment, stating that the fourth amended complaint adequately stated causes of action for breach of contract...

Breach of Fiduciary Duties

Application: The court held that the complaint successfully stated a claim for breach of fiduciary duties, which the defendants failed to dismiss.

Reasoning: The court affirmed the judgment, stating that the fourth amended complaint adequately stated causes of action for...breach of fiduciary duties...

Procedural Considerations - Timeliness and New Arguments on Appeal

Application: The court did not entertain new arguments regarding the invalidity of Town Code provisions as they were raised for the first time on appeal.

Reasoning: The court did not consider the appellants' claim that the Town Code provisions were invalid, as this argument was raised for the first time on appeal.

Summary Judgment for Non-Compliance with Site Plan

Application: The court granted summary judgment to compel compliance with the site plan, as the defendants failed to raise any triable issue of fact.

Reasoning: The Town demonstrated entitlement to judgment by providing the relevant code provisions, the approved site plan, and an affidavit from its Environmental Planner, which indicated that the defendants had failed to comply with the site plan.

Unjust Enrichment and Constructive Trust

Application: The court accepted the allegations of unjust enrichment and the imposition of a constructive trust as sufficiently pled.

Reasoning: The court affirmed the judgment, stating that the fourth amended complaint adequately stated causes of action for...unjust enrichment, and the imposition of a constructive trust...