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Sep 3, 2019

Wilk Auslander LLP Obtains Precedent-Setting Decision in Trespass Case

The New York Law Journal

In an article published on August 30, 2019 in The New York Law Journal, Scott Watnik discusses the Firm’s recent precedent-setting victory on behalf of our client in Morgan Home Builders v. Mahy (New York Sup. Ct., New York Cty., Index No. 656461/2018). The case  raised the legal question of:  what happens when an alleged trespasser enters another’s property with the property owner’s consent, but that consent is alleged to be induced by fraudulent  acts of someone other than the alleged trespasser?  No New York court had ever squarely addressed the question.  In granting the dismissal motion we filed on behalf of our client, the New York Supreme Court issued a landmark decision holding that a property owner’s consent to enter the underlying property remains valid under these circumstances.  In this article, Scott discusses the legal framework surrounding the Court’s ruling.  Click here to read.