J.R. Skrabanek and Mastewal Terefe Achieve Unanimous Appellate Dismissal of a Complex Real Estate and Construction Lawsuit in New York's Second Department

Thompson & Skrabanek is excited to share that the New York Appellate Division, Second Department, has issued a unanimous 4-0 decision affirming the dismissal of a complex real estate and construction lawsuit against the Firm's client, Timmy St. Juste.

The lawsuit was first filed by Timothy Ernest against Mr. St. Juste in Brooklyn in 2020. Mr. Ernest's complaint asserted that he was a part-owner of a mixed-use property in the area that had always been held by and originally titled to Mr. St. Juste. Mr. Ernest claimed ownership rights in the building and monies from the building's activities.

Mr. Ernest's lawsuit included legal claims for breach of contract, unjust enrichment, and constructive trust, among several others. He also filed a lis pendens against the building, which temporarily operated as a lien against the property, preventing it from being sold or otherwise encumbered. Separately within the lawsuit, Mr. St. Juste filed counterclaims against Mr. Ernest for Mr. Ernest's unlawful attempts to control portions of the building.

Mr. St. Juste was a former MTA bus driver who bought the building from the City of New York at public auction in the early 1980s. Mr. Ernest sought millions of dollars in damages based on the appraised value of the building today. The parties litigated the dispute extensively for several years, including conducting depositions and exchanging written discovery and documents that supported their various positions, claims, and defenses.

Eventually, in the Spring of 2024, the trial court granted Mr. St. Juste's motion for summary judgment, which completely disposed of all of Mr. Ernest's claims. In effect, the ruling meant that Mr. Ernest could lay no legal claim to the building at all, and Mr. St. Juste is the building's true and rightful owner.

Thereafter, Mr. Ernest appealed the adverse ruling against him. He argued that the trial court's granting of summary judgment was improper and that his claims should be reinstated.

Oral argument on the appeal was held on June 13, 2025. Now, in a decision issued by the Appellate Division, Second Department on July 16, 2025, the justices unanimously affirmed the trial court's ruling.

J.R. Skrabanek, who represented Mr. St. Juste at both the trial and appellate court, is very pleased with the victory. Senior Associate Mastewal Terefe also played a chief role in Mr. St. Juste's defense at all levels, including the appellate briefing.

Mr. St. Juste is ecstatic over the victory. He is industrious, hard working, and honest, and the Firm has been proud to represent him. The judgment issued by the appellate court clears Mr. St. Juste of all liability and puts this multi-year dispute forever to rest.

The court's decision can be found here.

Thompson & Skrabanek, PLLC regularly represents New York City property owners with issues related to title, contracts, construction, regulatory compliance, and outside counsel. Please contact us if you are seeking representation for any real estate issues within New York City.