Board of Managers of the Landing at Dobbs Ferry Condominium v. The Village of…

Background

The Board of Managers of the Landing at Dobbs Ferry Condominium, as successor in interest to the Landing at Dobbs Ferry Homeowners Association and on behalf of the unit owners, began the case in Westchester County Supreme Court on March 22, 2021, by filing a summons with notice. The notice described claims based on the Village’s alleged negligence, recklessness, intentional acts, failure to follow a conservation easement, and violations of federal, New York, and Village law.

The Village was served with the summons and notice on March 24, 2021. After the Village demanded a formal complaint, the Board filed one on May 18, 2021. The Village removed the case to federal court on June 3, 2021, relying on federal-question jurisdiction, which allows federal courts to hear civil cases arising under federal law.

The Parties’ Arguments

The Board moved to remand, meaning to return the case to state court. It argued that the Village’s 30-day period for removal began when the Village received the summons with notice. Under the federal removal statute, a defendant generally must remove a case within 30 days after receiving a pleading that provides enough information to determine that the case is removable.

The Village argued that removal was timely because it filed the notice of removal less than 30 days after receiving the formal complaint. It contended that the summons with notice did not identify a specific federal constitutional provision, statute, or federal claim and therefore did not start the removal period.

Ruling

Judge Vincent L. Briccetti granted the Board’s motion to remand. The court explained that New York’s summons-with-notice procedure requires the notice to state the nature of the action and the relief sought; it does not require the plaintiff to identify specific federal legal provisions. The relevant question was whether the notice contained information from which the Village could intelligently determine that the case was removable.

The court held that the summons with notice clearly stated that the claim arose from alleged violations of the United States Constitution and federal laws. That information was enough to make federal-question jurisdiction apparent and to start the 30-day removal period. Because the Village removed the case after that period had expired, the removal was untimely.

The court directed the Clerk to remand the case to Supreme Court, Westchester County, and close the federal case. The court declined to require the Village to pay the Board’s costs and expenses resulting from removal, stating that the matter was resolved quickly, without formal motion practice, and that there was no reason to believe the Village acted improperly.