Litigation Update 2014

The firm achieved a victory when the Appellate Division, NYS Supreme Court (1st Dep’t) affirmed the dismissal of an action brought against a major wireless carrier by plaintiffs/appellants seeking monetary damages allegedly stemming from the construction of a nearby cell tower. Litigation team members Leslie Snyder, Doug Warden, and Adam Moss argued that appellants had failed to state a cause of action by neglecting to specify the nature, extent or amount of the alleged damages. In affirming the dismissal of plaintiffs/appellants’ action, the Court held that there was no basis for the unjust enrichment and constructive trust claims through which plaintiffs/appellants sought to attach tower rental revenues. The case, Leidel v. Annicelli (Docket No. 102456/2010) was entered in the NYS Supreme Court, Appellate Division, First Department, on February 18, 2014, and can be found here.