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As any first-year law student knows, a court cannot hear a case if it lacks jurisdiction. CMM’s litigation team recently secured the dismissal of a lawsuit against our client, the Stony Brook Fire District, based on this simple yet critical lesson.

After a dispute stemming from unsatisfactory HVAC work performed by the plaintiff for the Fire District, the plaintiff commenced an action alleging breach of contract. Due to a misunderstanding regarding insurance coverage, the Fire District (represented at the time by a different firm) inadvertently did not respond in time, and the plaintiff successfully moved the court to enter a default judgment against the Fire District. (The Court also denied the Fire District’s motion for leave to serve a late Answer.) The Court subsequently denied the Fire District’s motion for leave to reargue, leaving the Fire District with a default judgment against it.

That’s when CMM came in, determined to turn the tables. After researching Town Law, Patrick McCormick and Richard DeMaio moved to vacate the prior order granting the default judgment on the grounds that the Court lacked jurisdiction over the matter. Specifically, the plaintiff’s failure to properly file a Notice of Claim with the Fire District deprived the Court of subject matter jurisdiction over the case. (Town Law Section 180 provides that no contract actions against a fire district may stand unless a written verified claim is filed with the Fire District secretary within six months after cause of action has accrued.)

The Court agreed, finding that CMM’s submissions established that the Court lacked subject matter jurisdiction to have entered the prior order. As a result, CMM’s motion was granted and the case was dismissed.

Whether your case hinges on creative legal strategy or a deep understanding of the procedural rules governing litigation, CMM stands ready to help. Contact our Commercial Litigation or Municipal Litigation teams today at (631) 738-9100.

Joe Campolo, CMM Managing Partner and HIA-LI Board Chairman, put out a call to action to the Long Island business community, including HIA-LI members, to demand federal funding for New York State and local municipalities. These funds are critical to our region’s economic recovery. Read the message and take action below.

HIA-LI Demands Immediate Economic Relief for New York State and Municipalities

Patience is a virtue – and a luxury that Long Island can no longer afford.

Every minute that the Senate refuses to pass an economic relief bill, millions of dollars in losses continue to mount.

Many business sectors remain in freefall. Sales taxes are Suffolk County’s largest revenue source, funding nearly half of the $3.2 billion annual budget – but sales taxes impacted by the pandemic are not going to rebound quickly enough to sustain any type of economic recovery. The Suffolk County Budget Review Office estimates that Suffolk County will lose close to $150 million in revenue from a variety of sources.

Infrastructure spending is the only solution that will drive sustained recovery. But municipalities have put millions of dollars in infrastructure spending on hold due to lack of funds. In addition to New York State and its counties requiring additional federal funding, Towns and Villages throughout Suffolk County need additional federal assistance to fund critical infrastructure projects, as well as fund essential services and increased costs in the face of unprecedented lost revenue.

As Long Island’s strongest business advocate and steward of the Long Island Innovation Park at Hauppauge – the second largest industrial park in the nation behind only Silicon Valley – HIA-LI and its members must demand action from the U.S. Senate. Our economic recovery depends on it.

Hats off to our local elected officials at all levels of government, who understand the urgency and have been working on bipartisan solutions to provide direct support to state and local governments. (Learn more about their calls for direct coronavirus funding to state and local governments here.) But the Senate has continued to delay.

We ask you to reach out to the dignitaries listed below and let them know how critical this funding is to our region’s economic recovery.

We simply do not have any more time to wait. The time to act is now.

Joe Campolo

Board Chairman, HIA-LI

Managing Partner, Campolo, Middleton & McCormick

Terri Alessi-Miceli

President & CEO, HIA-LI

CONTACT INFORMATION:

Representative Lee Zeldin – Conor Carney: Conor.Carney@mail.house.gov

Representative Thomas Suozzi – Conor Walsh: Conor.Walsh@mail.house.gov

Representative Peter King – Kevin Fogarty: Kevin.Fogarty@mail.house.gov

Representative Kathleen Rice – Michel Viterise: michele.viterise@mail.house.gov

Senator Charles Schumer – Garrett Armwood: Garrett_Armwood@schumer.senate.gov

Senator Kirsten Gillibrand – Magdalonie Campbell: Magdalonie_Campbell@gillibrand.senate.gov

On September 22, 2020, HIA-LI Board Chairman Joe Campolo moderated a panel of elected officials and business leaders about the Long Island Innovation Park at Hauppauge, the anchor of the region’s economy. Check out the video replay for the latest updates about zoning changes, post-COVID economic issues, and more.