Attorney Bruce Scott Zeftel's Legal Cases

Trusts

In re Estate of Wallens 9 N.Y.3d 117, 877 N.E.2d 960, 847 N.Y.S.2d 156 (N.Y.,2007)

Aug 01, 2008

OUTCOME: The matter was sent back to the Surrogates Court

Trust beneficiary filed objections to co-trustees' account of testamentary trust. The Surrogate's Court, Erie County, Barbara Howe, J., granted in part trustee's motion to dismiss objections and grante ... d in part beneficiary's cross motion for summary judgment. Parties appealed. The Supreme Court, Appellate Division, 30 A.D.3d 962, 816 N.Y.S.2d 793, affirmed as modified. Parties appealed. The Court of Appeals held that: (1) education and medical expenditures fell within class of expenditures authorized by terms of trust, and (2) Surrogate Court should have held evidentiary hearing on breach of fiduciary duty issue.

Land use and zoning

Coco v. Ranalletta 305 A.D.2d 1082, 759 N.Y.S.2d 274 (N.Y.A.D. 4 Dept.,2003)

May 02, 2003

OUTCOME: Judgment for Defendant Bank of New York

Defendant was not charged with constructive notice of plaintiff's previously recorded mortgage, which was incorrectly indexed as a result of the misspelling of the mortgagor's name on plaintiff's mortg ... age instrument, despite fact that county clerk's computerized index could have been searched phonetically to reveal plaintiff's mortgage despite the misspelling.

Land use and zoning

State Street Bank and Trust Co. v. City of Buffalo 302 A.D.2d 1022 (N.Y.A.D. 4 Dept.,2003)

Feb 07, 2003

OUTCOME: In rem sale of property was reversed by the court

Appeal from an order of Erie County Court (DiTullio, J.), entered December 11, 2001, which, inter alia, vacated the sale of the premises commonly known as 1437 Main Street, Buffalo, unanimously affirme ... d. The property was sold at a City of Buffalo tax sale. The petitioner brought suit, represented by Mr. Zeftel to vacate the sale. The County Court agreed and vacated; the Appellate Division affirmed.

Tax

Quebecor Printing Buffalo, Inc. v. Assessor for Town of Cheektowaga 309 A.D.2d 1243 (N.Y.A.D. 4 Dept. 2003)

Oct 07, 2002

OUTCOME: Real property tax reduction upheld.

Appeals from an order and judgment of Supreme Court, Erie County (Doyle, J.), entered which, inter alia, granted the motion to confirm the Referee's report in these proceedings pursuant to RPTL article ... 7 which reduced the assessment and real property taxes on this 800,000 square foot facility. The order and judgment so appealed from be and the same hereby is unanimously affirmed and the reduction in assessment for Mr. Zeftel's client was upheld.

Land use and zoning

Children's Hosp. v. Zoning Bd. of Appeals of City of Buffalo 181 A.D.2d 1056 (4 Dept.,1992)

Mar 13, 1992

OUTCOME: Petition granted

Hospital, represented by Mr. Zeftel, sought a variance to permit construction of new incinerator building that would invade 25-foot minimum setback requirement by ten feet. The zoning board denied the ... application, and hospital petitioned to annul that determination. The Supreme Court, Erie County, Rath, J., dismissed the petition, and hospital appealed. The Supreme Court, Appellate Division, held that hospital was entitled to variance. Reversed and petition granted.

Bruce Scott Zeftel's Legal Cases (5)

In re Estate of Wallens 9 N.Y.3d 117, 877 N.E.2d 960, 847 N.Y.S.2d 156 (N.Y.,2007)

Coco v. Ranalletta 305 A.D.2d 1082, 759 N.Y.S.2d 274 (N.Y.A.D. 4 Dept.,2003)

State Street Bank and Trust Co. v. City of Buffalo 302 A.D.2d 1022 (N.Y.A.D. 4 Dept.,2003)

Quebecor Printing Buffalo, Inc. v. Assessor for Town of Cheektowaga 309 A.D.2d 1243 (N.Y.A.D. 4 Dept. 2003)

Children's Hosp. v. Zoning Bd. of Appeals of City of Buffalo 181 A.D.2d 1056 (4 Dept.,1992)