Satra Realty, LLC v Knovel Corp. (2012 NY Slip Op. 2372)
Mar 29, 2012
OUTCOME: Reversed on appeal in favor of Linda B. Johnson's client, Knovel Corp.
Satra, the landlord, sued Knovel, the tenant for breach of lease after Knovel vacated the demised premises. Satra was awarded rents to the end of the lease term at the trial court level. Linda B. Joh...nson, Esq. handled the appeal and achieved a reversal on behalf of Knovel, on the basis that Knovel had the right to quit the premises due to Satra's failure to pay the taxes, as required by the lease terms.
Appeals
Thomas Brightman v Archie B Hackett, Jr., 81 AD2d 1200 (3d Dept 2011)
Feb 24, 2011
OUTCOME: Linda B. Johnson successfully opposed the appeal on behalf of her client Archie B. Hackett, Jr.
Linda B. Johnson represented the respondent on appeal. The appellant bought a used bulldozer in order to construct a campground on his property. When the low oil pressure light came on, he brought the... bulldozer to the respondent. Thereafter, the appellant retrieved the bulldozer and used it to dig a pond. However, the bulldozer malfunctioned and became inoperable. The bulldozer was returned to the respondent for further work, but the appellant failed to pay the balance due for that work, instead filing suit and the respondent counterclaimed for the balance due. After a nonjury trial, judgment was entered for the respondent. On appeal, the court affirmed the trial court's determination, wherein it credited the respondent's testimony as to the problems with the bulldozer. It found that the appellant failed to meet his burden of establishing, by a preponderance of the evidence, that the damage to the bulldozer was proximately caused by the respondent's negligence with respect to a lack of oil or by removing the drain plugs.
Appeals
Small Business Loan Source, LLC v 4 Dogs of Syracuse, LLC, 81 AD3d 1390 (4th Dept 2011), leave denied 17 NY3d 707 (2011)
Feb 18, 2011
OUTCOME: Linda B. Johnson successfully opposed the appeal by appellant on behalf of her client, Joseph Kessler.
Appeal from an order of the Supreme Court, Onondaga County (John C. Cherundolo, A.J.), entered November 3, 2009 in a foreclosure action. The order, among other things, denied plaintiff's motion for lea...ve to pursue a deficiency judgment against nonparty guarantor Joseph A. Kessler based upon plaintiff's failure to properly serve Mr. Kessler with process on the foreclosure proceedings.
Appeals
LaMonte v County of Broome, 20 AD3d 756 (3d Dept 2005)
Jul 14, 2005
OUTCOME: Linda B. Johnson successfully opposed the appeal by the County to dismiss her client's claim.
The plaintiff was hurt when she fell while attempting to board a mass transit bus. The plaintiff alleged that the driver was negligent. The County did not oppose the injured party's application to file... a late notice of claim. It maintained on appeal that the trial court erred by deeming the notice of claim timely served as of February 26, 2003, the day on which the injured party's motion papers were served on the County. According to the County, the plaintiff was required to serve a new notice of claim because the notice that she served with her motion papers, which was prior to her having secured the trial court's permission to file late, was a nullity. The appellate court found that it was undisputed that a copy of the notice of claim was received by the County within the one year and 90-day statute of limitations pursuant to N.Y. Gen. Mun. Law § 50-e(5). There was no error in the trial court deeming the injured party's late notice of claim timely served nunc pro tunc. The appellate court stated that it refused to elevate form over substance.
