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Yany's Garden LLC v. City of New York

Limitation Period for §1983 Notice Claim Over Parcel's Foreclosure Began in June 2011

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MEMORANDUM & ORDER   Plaintiffs Yany’s Garden LLC and Narul Tony Hack are the successive owners of a property located at 152-31 14th Road in Whitestone, New York (the “property”).1 After the City of New York condemned the property and levied a tax lien against it, they filed this action together in May 2018, alleging violations of 42 U.S.C. §1983 and various New York state laws. Plaintiffs amended their complaint in November 2018. On January 15, 2020, Judge Nicholas Garaufis2 granted a motion to dismiss certain defendants from the case outright; as to other defendants, he granted the motion to dismiss in part and denied it in part.3 See Yany’s Garden LLC v. City of New York, No. 18-CV-2813, 2020 WL 224701, at *1 (E.D.N.Y. Jan. 15, 2020) (the “Order”). On January 29, 2020, Plaintiffs moved for reconsideration of the Order. They argue that the Order erred by (a) dismissing Plaintiffs’ Section 1983 claim on statute-of-limitations grounds, when the relevant limitations period should have been left to the jury to decide; and (b) relying on the Rooker-Feldman doctrine to dismiss Plaintiffs’ “illegal tax lien foreclosure” count. For the following reasons, the motion for reconsideration is denied. I. Background The Court assumes familiarity with the factual and procedural history set forth in the January 15, 2020 Order. Briefly, after Hack acquired the property — a vacant lot — in 2004, he began construction of a building. Am. Compl.

43-44. Construction ceased shortly thereafter and, the City determined, the construction zone remained in dangerous condition. See id.

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