PROFILE

Allan B. Rappleyea primarily focuses on estate planning and administration, real estate and commercial litigation. Allan represents individuals and families through the process of their estate planning needs, working with executors, trustees, and administrators in the implementation and settlement of estates. Allan frequently serves as an executor and trustee in client matters, and acknowledges the significant role of a fiduciary.

EXPERIENCE

Estate Litigation

  • Won numerous motions and the firm’s client ultimately prevailed on all relief sought. In re Estate of Ehmer, 240 A.D.2d 668 (2d Dep’t 1997); In re Ehmer, 255 A.D.2d 581 (2d Dep’t 1998); In re Ehmer, 272 A.D.2d 540 (2d Dep’t 2000); In re Ehmer, 272 A.D.2d 542 (2d Dep’t 2000).
  • Established that the US Department of Veteran Affairs did not have standing to claim a larger share of a Veteran’s estate. In re Estate of Lauer, 3 Misc. 3d 219 (2004).
  • Won a proceeding construing a will and removing a tenant from the estate property, when the person claimed to have life use, which she did not. Matter of Boyer, 2013 NY  Slip Op 50914(U) (2013).

Land planning, development, and municipal law

  • Represented a landowner who developed his land and won several cases filed by those challenging the approvals. In re Dowd v. Planning Bd., 54 A.D.3d 340 (2d Dep’t 2008); In re Dowd v. Planning Bd., 54 A.D.3d 339 (2d Dep’t 2008).
  • Represented a landowner and established that all approvals were proper. Quaker Hill Civic Ass’n v. Johnson, 254 A.D.2d 422 (2d Dep’t 1998).
  • Established a landowner’s right, for one year, to sue a Town for road abandonment. Dandomar v. Town of Pleasant Valley,  2011 NY Slip Op 4673 (2011).

Construction, corporate, and landowner disputes

  • Won the case dismissing a builder’s claim for over $400,000.00, and established the builder owed the homeowner over $500,000 for overcharges. Master-Built Constr. Co. v. Thorne, 22 A.D.3d 535 (2d Dep’t 2005).
  • Won at trial, and on appeal, when a person sued a client claiming to own a part of the client’s land by adverse possession. Robert v. Shaul, 62 A.D3d 1127 (3d Dep’t 2009).
  • Won a corporate dispute where, although bylaws had not been formally amended, the substance of the bylaw change has been observed by the parties for many years. Cannavino v. Davis, 289 A.D.2d 360 (2d Dep’t 2001).
  • After a five day jury trial, defeated a claim by a former employee of a client, seeking hundreds of thousands of dollars in damages. The jury awarded nothing. Groves v Thorne. Case No. 7:09-cv-03524 (2011), United States District Court, SDNY.
  • Won a nine day trial which awarded the client over $70,000, and dismissed a school district’s $225,000 claim against a client, a “net” win of over $300,000 for the client. This win was affirmed on appeal. Palombo Group v. Poughkeepsie City School District, A.D. 3d (2d Dep’t 2015).

Allan also has extensive experience representing clients in all aspects in connection with real estate development and transactions, including negotiating and drafting contracts of sale, reviewing pre-closing documents, generating the contracts of sale and guiding clients through the closing process. He also handles significant real estate development and real estate litigation, as well as general commercial litigation.

Allan is a director of the Bank of Millbrook and Millbrook Banks Systems. He also serves as the President of Our Lady of Lourdes Fund, Inc., and is a board member/trustee of several private charitable foundations. He is a past board member of the Millbrook Business Association, Our Lady of Lourdes High School, Hospice, and the Town Board, Town of Washington.

CONTACTS

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Millbrook
Poughkeepsie
abr@cgrlaw.com
Tel: 845 240 7314
Fax: 845 240 7315
Tel: 845 677 5539 – Millbrook

AREAS OF PRACTICE

Estate Planning
Real Estate
Commercial Litigation

BAR ADMISSIONS

Connecticut
New York
Southern District of New York
United States Court of Appeals; 2nd Circuit

PROFESSIONAL ASSOCIATIONS

American Bar
Dutchess County Bar
New York State Bar

EDUCATION

Our Lady of Lourdes (1984);
Canterbury School (1985);
Union College (1989);
Western New England School
of Law, cum laude (1992)