Pryor Cashman has successfully moved to dismiss federal civil rights claims brought against its clients, former developers of a building project in Yonkers, New York.

In Sheila L. Bishop and 1085 Warburton Avenue Owners, Inc. v. Greystone Properties, LLC, et al., No. 08 Civ. 6759 (Hon. Thomas P. Griesa), pending before the U.S. District Court for the Southern District of New York, the plaintiffs, who are owners and tenants of adjacent properties, alleged that the private developers and the City of Yonkers collectively violated the plaintiffs’ constitutional due process rights through allegedly negligent construction and supervision of the construction.  

Pryor Cashman, together with the co-defendants in the case, successfully argued that the plaintiffs’ federal claims were not legally viable because the supervision of such work is inherently discretionary by the city and not properly subject to federal judicial review. In its April 1, 2011 decision, the Court dismissed such claims and also dismissed the plaintiffs’ accompanying state law claims for lack of supplemental jurisdiction.

Pryor Cashman’s clients were represented by Litigation Group Partner William Charron and associate Jacob Radcliff. 

To read the decision, please click here.