Mhany Mgmt, Inc. v. County of Nassau - Settled

Top  from left to right, Scott J. Kreppein, Nassau County Attorney Jared A. Kasschau, Deputy County Executive For Economic Development Evlyn Tsimis, Members of New York Communities for Change; Bottom from left to right: Nassau County Director of Housing and Community Development Kevin J. Crean, County Executive Laura Curran, and Frederick Brewington.  Photo Credit: New York Law Journal / Law.com.

One of the largest cases I've worked on during my career settled on March 15, 2019.  In the 2005 lawsuit, a group of non-profits challenged land use and zoning policies in the Village of Garden City and throughout the County of Nassau as violating, among other things, the Fair Housing Act.  The matter was dismissed as against Nassau County, but went to trial against Garden City.  After a finding of liability at trial as against the Village, the matter went before the Second Circuit Court of Appeals, both as to the finding against the Village, and as to the earlier dismissal against the County.  

On appeal, the trial verdict against the Village of Garden City, and affirmed the finding that, although having some "authority to override local zoning control" under specific circumstances, the federal Court of Appeals could not find that it had an affirmative"responsibly" to exercise that authority "[a]bsent further guidance from the New York Court of Appeals."  Mhany Mgmt. v. County of Nassau, 819 F.3d 581 (2016).  

However, the Court of Appeals reversed the dismissal against the County, and remanded for further consideration with respect to the "claims against Nassau County" that were stated "more generally" regarding its policies and practices with respect to affordable housing, particularly with repsect to HUD-funded programs, and whether the allegations and evidence supported claims "under 42 U.S.C. § 3604(a) (Section 804(a) of the FHA) and Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d." Id. 

Following remand, my prior firm was assigned the matter as outside counsel, and I was assigned day-to-day responsibilities on the case.  After years of of discussions and discovery, including extensive evaluation of County's land use and housing policies over the last fifty years, the County and the Plaintiffs were able to reach an amicable resolution.  

The details of the settlement are discussed in the “County's Press Release," and the matter was covered by Newsday and the Long Island Business News, and referred to as a "Landmark Settlement" by the New York Law Journal and Law.com.  I am the guy on the top left of the photo above,  from the NYLJ's front page. 

Municipal Litigation Attorney

Municipal litigation is a growing area of my practice.  I have substantial experience in the area, ranging from administrative hearings, to State court litigation, to Federal trials and appeals.

In addition to numerous run of the mill slip/trip and fall cases and "lights and sirens" motor vehicle cases, I have litigated a number of highly complex multi-million dollar liability cases dealing with the very limited exceptions to governmental immunity for discretionary judgments.  In one case, I had a client who was rendered a parapalegic in a shooting at a Bronx housing project while basic security measures (such as who would fix broken door locks) were tied up in red tape.  I have had two wrongful death cases related to negligent psych evaluations.  One where a mental patient was improperly released from State care and pushed someone onto the subsay tracks, and another where staffing changes led to a police officer having his firearm returned despite despite imminent threats to use it to kill himself.  I also litigated a case, and won a precedent-setting appeal, on the issue of the duty to report and respond to a third-party assault.

With employment, constitutional, and civil rights issues, I have argued a First Amendment case before the Second Circuit Court of Appes, and litigated multiple such cases before the Federal and State trial courts.  I have litigated several due process cases, including successfully bringing an Article 78 to have a volunteer EMS worksr reinstated to service, and litigating a pro bono appeal on the sufficiency of the hearings over red light camera tickets.  

As I'm writing this, I'm sitting in court waiting to be heard on a case where I am representing a town worker named in a sexual harassment suit, whom the Town is not defending due to a conflict.

I would prefer to have a steady practice representing municipalities, but I may also accept good Plaintiff's cases (assuming there's no conflict).  I have seen many attorneys who are eager to bring municipal claims on the idea that there are deep pockets, but I have a very different approach and perspective.  Municipal claims are difficult to win, and can be a waste of time and resources (mine, the client's, and the public's) if brought unnecessarily.  I have seen personal injury cases, for example, where the client recovered less and waited longer due to adding a poorly thought out municipal claim to an otherwise simple case.  I'm very selective about what plaintiffs' cases I take, but it is because I know the difference between a good case and a bad one.