New York State Bar Association
Nassau county Bar Association
New York
United States District Courts for the Southern, Eastern, and Northern Districts of New York
United States Court of Appeals, Second Circuit
United States Supreme Court
State University of New York at Buffalo
University of Bridgeport
Partner Andrew M. Roth successfully defended the Village of Westbury in state and federal court litigation arising from the Village’s sale of real property for the nonpayment of real property taxes. A former property owner challenged the sale in federal court, alleging it constituted an unconstitutional taking under the Fifth Amendment. The District Court dismissed the action under the doctrine of res judicata and the United States Court of Appeals for the Second Circuit affirmed the decision, bringing the litigation to a successful conclusion.
Read MoreFirm Partners, Andrew M. Roth and Joseph R. Bjarnson, obtained a preliminary injunction to prevent the Firm’s client, Mount Sinai Pentecostal Church of Hicksville, NY, from losing their Church property to a tax lien purchaser after more than $1 million in real property taxes were unlawfully assessed against the Church. In the case, the Firm argued, among other things, that the Church was mandatorily exempt from real property taxation under the New York State Real Property Tax Law and that any taxes assessed against the Church property should be declared void. Nassau County opposed the Firm’s application for a preliminary injunction and sought to have the case dismissed. The Honorable Randy Sue Marber, Justice of the New York State Supreme Court, County of Nassau, found that injunctive relief was appropriate because the Church had a “high likelihood of success on the merits” of its claim seeking to have the real property taxes assessed against its property declared void and denied the motion to dismiss.