Chester. New York’s highest court denies BT Holding’s attempt to appeal dismissal of lawsuit against village

The Court of Appeals this week denied an attempt by BT Holdings to appeal the prior dismissal of a lawsuit that sought millions of dollars in damages against the Village of Chester.

This latest decision comes after the New York Appellate Division dismissed BT’s lawsuit last December.

On Tuesday, May 4, the New York Court of Appeals denied BT Holdings’ application for leave to appeal, bringing an end to the lawsuit that was commenced in 2015.

“I’m happy for the people of the Village of Chester that the highest court in the State confirmed the dismissal of BT’s lawsuit,” Chester Village Mayor Tom Bell said in a statement. “I commend the members of the Village Board for being committed to doing the right thing and protecting our residents and taxpayers.”

Mary E. Marzolla, one of the lawyers representing the village, added: “The village’s legal rights have now twice been vindicated by the State’s highest court. The Court of Appeals previously rejected BT’s claims in an earlier zoning challenge and now in this lawsuit.”

Background

BT Holdings was Frank Nussbaum’s idea to turn 68 acres of family-owned land into a high-density townhouse development located behind ShopRite in Chester. He fought to have his acres, which, except for about seven acres, was originally located in the Town of Chester, annexed to the village.

He sued the village after he was denied the zoning he said he had been promised by a previous administration of village officials.

The latest court ruling said Nussbaum could no longer appeal, bringing to an end the lawsuit between BT Holdings and the Village of Chester.

Nussbaum deferred comment pending a conversation with his lawyers.