Morrison Cohen Secures Sanctions Award in Manhattan Development Dispute

Morrison Cohen obtained sanctions in an RPAPL § 881 special proceeding concerning an access agreement before the New York County Supreme Court.

The proceeding arose from the client’s plan to construct a new mixed-use building adjacent to the respondent’s property at Lexington Avenue and East 29th Street in Manhattan. The Court had previously granted a 12-month license, over the objections of the neighboring owner. Dissatisfied with those determinations, the respondent, an attorney admitted to practice in New York who appeared as the owner of the adjoining building, filed a motion to renew and reargue, which the Court denied on March 16, 2026.

In a July 15, 2026 Decision and Order, Justice Phaedra F. Perry rejected the respondent’s new arguments of judicial partiality and reaffirmed the Court’s prior rulings. The Court also expressed serious concern regarding the respondent’s conduct in the litigation, stating:

“Rather than acting as an officer of the court, Respondent has weaponized his law license to engage in malicious, defamatory harassment because he did not agree with a routine civil order. This egregious abuse of the judicial system cannot and will not be tolerated.”

The Court fined the respondent $5,000 and ordered the respondent to compensate the firm’s client for resources expended responding to the improper filings, explaining that the award was intended “to compensate Petitioner … and to deter Respondent from further malicious filings.”  The Court further referred the issue to the Disciplinary Committee for investigation.

The Morrison Cohen team was led by Y. David Scharf, Christopher Milito and Hallie McDonald.