Judge Hal Greenwald granted Z&S’s motion to dismiss, which resolved the case in their client’s favor, before any discovery commenced or any answer to the Complaint was filed. Z&S primarily argued that the case was an illegal “Strategic Lawsuit Against Public Participation,” under New York State’s new “Anti-SLAPP” legislation, which prohibits lawsuits focused on stifling public participation. Judge Greenwald adopted Z&S’s arguments, specifically finding that the case improperly stemmed from the defendant’s participation in a previous land use process and Article 78 proceeding. The case is JAB Builders Inc. and Panbar Realty LLC v. Goldsmith, Index No. 61221/2022 (Sup. Ct. Westchester Cnty.) (Greenwald, J.).
A copy of the March 17, 2023 decision is available below.