Kotula Victorious in Pro Bono decision

January 16, 2015 | Insurance Coverage

The firm represents, on a pro bono basis, a couple who were residents of a home in Bay Shore for over 30 years that was damaged and rendered uninhabitable by Superstorm Sandy.  For over two years, the couple have had to reside in temporary housing while they sought to rebuild.  They asked the Town of Islip for permission to rebuild, and a neighbor opposed their request, even though the couple asked to rebuild within the footprint of their prior home.  The Zoning Board of Appeals approved their plans, but the neighbor commenced an action in Supreme Court in Suffolk County to enjoin them and the Town of Islip from moving ahead.  The Court refused to issue injunctive relief to stop the couple from rebuilding, and the Town from approving the work, and we successfully moved to dismiss the action before Justice Arthur Pitts, who held that the construction of the clients’ new home was substantially complete and the claims against them were moot.  The clients have a happy ending to a long ordeal that started the night of Superstorm Sandy, and we were able to help them get it.       

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