02/07/2012:
Dismissal of Constitutional Challenge to Village’s Real Property Tax Provision

Lewis Silverman obtained a summary judgment ruling that was affirmed on appeal to the New York State Appellate Division, Second Department, resulting in dismissal of the complaint and a declaration that the challenged real property tax laws were constitutional.  Plaintiffs were a collection of condominium owners that alleged a local law enacted by the Village of Piermont, which formally adopted Article 19 of New York State’s Real Property Tax Law, resulted in a disparate tax rate in violation of the equal protection clauses of the federal and New York State Constitutions.  Plaintiffs further alleged that their right to due process was violated, they were retaliated against for having filed tax grievances in violation of the First Amendment, and that the defendants conspired to commit the foregoing violations.  The Second Department declared that the Village’s tax law and Article 19 were constitutional, held that Plaintiffs were not retaliated against, and dismissed all claims on the merits.

05/01/2012:
Defense Verdict in Title VII and Section 1983 Race and Age Discrimination Case

Lewis Silverman and Caroline Lineen obtained a defense verdict following a seven-day jury trial in the Eastern District of New York.  The plaintiff was a former school administrator who sued her school district employer, the District Superintendent and the Board of Education President after her position was abolished by the District’s Board of Education.  The plaintiff alleged that her position was abolished because of race and age.  A central issue during the trial involved “minority recruitment” efforts by the District and evidence was submitted that demonstrated the District’s hiring was race-neutral.  The jury returned a verdict dismissing all of the plaintiff’s claims against the defendants.