Representative Cases
[The following is a sample of those cases in which Mr. Pomerantz's participation is a matter of public record. In addition to those shown below, Mr. Pomerantz has been consulted upon, analyzed, drafted pleadings, affidavits, trial memoranda and/or appellate briefs in numerous cases in which his participation is not a matter of public record. Of course, privilege or confidentiality concerns prohibit disclosure of the details of his involvement in those matters.]
Contact Lance Pomerantz about your case.
Argent Mortgage Company LLC v. Canonico, et al (Supreme Court, Suffolk County, #06-09231):
Issue: Judgment lien priority in mortgage foreclosure context; attempt to impose supervening judgment lien on premises by agreement between judgment creditor and non-owner debtor.
Mr. Pomerantz analyzed case on behalf of foreclosing mortgagee, then prepared and submitted affidavit in support of successful motion for summary judgment;
Outcome: Summary judgment granted for Mr. Pomerantz's client.
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Aylward v. Akscin, (Supreme Court, Suffolk County, #02-21965):
Issue: Boundary line dispute;
Mr. Pomerantz prepared a detailed analysis of the competing chains of title dating back to 1867 with color coded visual aids; prepared a detailed analysis of the adversary's expert's claims; assisted counsel in preparation for, and during, EBT's of witnesses; gathered field evidence of monumentation and historical markings; attended pretrial and settlement conferences as consultant to counsel; prepared and submitted an affidavit in connection with motion and cross-motion for summary judgment;
Outcome: Case settled before trial.
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Baiting Hollow Properties, LLC v. Knolls of Baiting Hollow, LLC (Supreme Court, Suffolk County, #08-17166):
Issues: Encroachment of improvements; lack of corporate capacity; illusory existence of condominium; failure of constructive notice;
Mr. Pomerantz prepared a detailed analysis of the competing chains of title with color-coded visual aids; prepared and submitted an affidavit in connection with plaintiff's motion for summary judgment;
Outcome: Partial summary judgment granted for Mr. Pomerantz's client, currently awaiting trial on trespass claim.
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Bistrian Land Corp. v. Pleasants, et al. (Supreme Court, Suffolk County, #03-23245):
Issues: Complex boundary line dispute; misplaced survey monument; reliance on acreage as valid descriptor of parcel;
Mr. Pomerantz prepared a detailed analysis of the competing chains of title dating back to 1848 with color coded visual aids; prepared a detailed analysis of the adversary's expert's claims; collaborated with counsel and surveying expert in creation of trial exhibits; testified at trial as expert witness on behalf of defendants;
Outcome: Decision in favor of Mr. Pomerantz's client.
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James M. Catterson, Jr. as District Attorney of Suffolk County, on behalf of the Shinnecock Indian Tribe v Pell, et al. (Supreme Court, Suffolk County, #97-02706):
Issue: Native American land claim; extent of reservation boundary;
Mr. Pomerantz prepared a detailed analysis of the competing chains of title; gathered field evidence of monumentation; testified at trial as expert witness on behalf of defendants;
Outcome: Decision in favor of plaintiffs.
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Donatelli, et al. vs. Burke (Supreme Court, Suffolk County, #06-03695):
Issues: Implied abandonment of private road; adverse possession not under written instrument; implied easement over right of way;
Mr. Pomerantz prepared a detailed analysis of overlapping and inconsistent filed subdivision maps; gathered field evidence of claimed use of right of way; advised counsel on discovery strategy; submitted affidavit in connection with plaintiff's motion for summary judgment; submitted affidavit in rebuttal to defendants' cross-motion for summary judgment;
Outcome: Partial summary judgment granted Mr. Pomerantz's client, settled before trial.
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Duke, et al. vs. Town of Riverhead, et al (Supreme Court, Suffolk County, #05-11958):
Issues: Municipal ownership of undedicated street; Highway Law §171; adverse possession of street bed; implied easement benefitting public;
Mr. Pomerantz prepared a detailed analysis of the competing chains of title dating back to 1839, with color-coded visual aids; gathered field evidence of claimed use of right of way, including an eyewitness interview; advised counsel on discovery strategy, trial strategy and evidentiary issues; prepared large-scale exhibits for use at trial; testified at trial as expert witness on behalf of plaintiffs;
Outcome: Decision in favor of Mr. Pomerantz's clients. Affirmed on appeal (2010 NY Slip Op 07306 [77 AD3d 702], 2nd Dept., Oct. 12, 2010).
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East End Concrete & Stone Products, Inc. vs. Carnevale, et al, (Supreme Court, Suffolk County, #07-03231):
Issues: Adjoining landowner claimed Village street by adverse possession; unopened, discontinued or abandoned street; Village Law; acceptance of dedication through use and maintenance;
Mr. Pomerantz analyzed the adverse possession claim and the circumstances surrounding the dedication and acceptance by Village of Westhampton Beach, one of the defendants; testified at trial on behalf of the Village.
Outcome: Adverse possession claims against Mr. Pomerantz's client dismissed during trial; Ongoing proceedings pending on unrelated claims.
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Podgurski v County of Suffolk (Supreme Court, Suffolk County, #99-15826):
Issues: Relocation of boundary between private landowner and County parkland; implied abandonment of right-of-way; reconfiguration of acreage on unfilled subdivision map;
Mr. Pomerantz prepared a detailed analysis of the competing chains of title dating back to 1895; performed field work with surveyor to determine location of key monument located underwater in Long Island Sound; advised counsel on trial strategy and evidentiary issues; testified at trial on behalf of the defendant County;
Outcome: Decision in favor of Mr. Pomerantz's client.
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Nassau Point Property Owners Association, Inc. vs. Tirado, et al. (Supreme Court, Suffolk County, #03-24827):
Issue: Ownership of private street on filed subdivision map; right of owner to close or obstruct use of non-essential street; right of owners on filed subdivision map to use streets within subdivision for purposes other than access to public highway; RPL §335;
On behalf of plaintiff, Mr. Pomerantz analyzed the history of the subdivision and re-subdivision of the area; opined on the infeasibility of statutory abandonment of street; advised counsel on case, motion and appellate strategy; submitted affidavit in opposition to defendants'motion for summary judgment;
Outcome: Trial court granted summary judgment for defendant; Appellate Division, Second Department, "modified" trial court judgment, awarding judgment to Mr. Pomerantz's client. 29 A.D.3d 754, 815 N.Y.S.2d 674 (2006).
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O'Brien, et al. vs. Town of Huntington (Supreme Court, Suffolk
County, #81-15166):
Issues: Validity of colonial-era deed from Native Americans; validity of tax deed vs. title claim of municipality; Suffolk County Tax Act;
Mr. Pomerantz testified for several plaintiffs at trial concerning a complex series of testamentary trusts and intra-family fractional interests; designed and created large-scale "flow charts" to assist the jury (copies of the "flow charts" can be found here and here);
Outcome: Trial court directed verdict in favor of Mr. Pomerantz's clients; Appellate Division, Second Department, reversed trial court judgment; motion for leave to appeal to Court of Appeals in abeyance pending entry of reversed judgment;
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