Frontier Park Co., LLC v. Contreras

35 F.Supp.3d 264 (E.D.N.Y. 2014). The Eastern District of New York awarded this firm attorneys fees and costs after it held that twenty-two respondents, all of whom were tenants of a mobile-home park against which summary holdover proceedings had been brought by the landlord in Suffolk County’s Second District Court, Lindenhurst, had “no objectively reasonable basis” for removing those actions to federal court.  In this action, the respondent filed their notice of removal to federal court outside of the 30 day statutory limitation, but argued that a “revival exception” applied. Essentially, this exception provides that the 30 days to remove a proceeding may be “revived” if the plaintiff amends the complaint, and in so doing, dramatically changes the essential character of the action.  Here, no such amendment was made, but instead, defendants argued that a summary judgment motion filed by the petitioner-landlord in the summary holdover proceedings triggered the exception.  The court assigned no credibility to this argument, and found that removal was untimely.