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Announcements
| Articles | The
Counselor
WINTER 2008 • Vol. XLVII
- Understanding the Costs When Your
Insurance Company Pays For Your Legal Defense
- The Importance of Zoning Due Diligence
- Identity Theft Protection - The
Things You Should Know
- The Firm Highlights
- The Firm News, Appearances and
Articles
The Firm Highlights
Land Use and Zoning Department
Jeffrey D. Forchelli
Represented Sleepy’s Mattress Professionals in connection
with securing the zoning approvals for a new executive office
building and primary warehouse facility in Hicksville, NY.
Mr. Forchelli also secured approvals from the Town of Oyster
Bay to construct a new Lowe’s Home Store on Rte 107
in Hicksville, NY.
Peter R. Mineo
Represented Pall Corporation before the North Hempstead
Board of Appeals and the Town Board in connection with the
relocation and enlargement of its global headquarters and
research and development facility to an industrial park
in Port Washington, NY.
William F. Bonesso
Obtained a change of zone, from residential to business,
for land in the Village of East Rockaway on behalf of client
Chase Bank to permit the re-development of the subject property
to construct a banking center with drive-up ATM service.
Judy Simoncic Jacoby
Represented Steel Equities in securing site plan approval
from the Town of Oyster Bay to permit the relocation of
Old Dominion Freight Line’s Deerpark, NY facility
to a newly constructed facility at the Bethpage Business
Park area.
Real Estate Department
Peter Alpert
Obtained approval from the New York State Attorney General’s
Office for a condominium offering prospectus for The Boulevard
Condominium in Elmhurst, NY and Harman Plaza Condominium,
located in Brooklyn.
Brian R. Sahn
Represented The Marcus Organization in connection with the
lease of two commercial buildings located in Farmingdale,
NY. The Schmitt Boulevard building was leased to General
Electric Supply Company, while a building located on Smith
Street was leased to Lifetouch National School Studies,
Inc. Mr. Sahn also represented the client in refinancing
both properties with Ridgewood Savings Bank.
Janet Ganio
Represented Data Industries Ltd., a major provider of IT
staffing & technology solutions, in negotiating the
simultaneous surrender of its headquarters at 100 Wall Street
and the negotiation of a new lease for its current headquarters
on Wall Street.
Litigation Department
Donald Jay Schwartz
Settled a negligence action against KLM Airlines pending
in New York County Supreme Court for the sum of $150,000.00.
Our client worked as a baggage handler at Kennedy Airport
and was caused severe wrist injuries when he attempted to
move a KLM cargo crate when the crate’s handle broke
apart, causing him to fall. Mr. Schwartz was also successful
in having a $50,000.00 Workers’ Compensation lien
waived. Thus, the client received the equivalent of a $200,000.00
settlement.
Donald Jay Schwartz and Richard C. Goldberg
Demonstrated the Litigation Department's expertise in restrictive
covenants in employment agreements by representing a surgeon
in an action filed in the Suffolk County Supreme Court to
enforce our client’s non-competition agreement. Our
attorneys obtained a temporary restraining order barring
the former employee from unfairly competing with our client
after leaving our client's practice. When a lower Court
judge struck the temporary restraining order, Mr. Schwartz
and Mr. Goldberg were successful in convincing the Appellate
Division to reinstate the order, pending the outcome of
an appeal.
Corporate and Commercial
Department
Anthony V. Curto, Barbara Shaheen Alesi and Lauren
A. LaGrua
Represented Champion Motor Group, Inc., located in Syosset,
NY in the acquisition and financing of property through
an affiliated company, B.T. 115 Realty, LLC, to further
expand and renovate its showroom. The acquisition and costs
of renovation were financed through a $13.5 million loan
with Bank of America, N.A. and the loan transaction was
consummated simultaneously with the purchase transaction.
Barbara Shaheen Alesi and Gary M. Kushner
Worked together to complete the sale of assets of Smithtown
Ford Inc., Saint James, NY, to Auto Sales LLC (d/b/a “Ford
of Smithtown”). Ms. Alesi prepared and negotiated
the Agreement for the sale of the business, while also completing
separate negations with Ford Motor Company to terminate
the Seller’s Ford Dealership. Mr. Kushner worked with
Ford Motor Credit to reconcile the appropriate Seller’s
credit and debit balances, and is handling all debtor/creditor
matters in connection with the transaction.
Tax, Trusts and Estates Department
Barry C. Feldman
The Internal Revenue Service abated, in full, an employment
tax assessment against a client, when federal tax specialist
Barry C. Feldman convinced the IRS that it had failed to
follow statutory provisions as well as its own rules. In
addition, the IRS refunded to the client all amounts which
it had collected and applied against the assessment.
Banking and Finance Department
James C. Ricca
Represented Community National Bank in securing a construction/building
loan for property located in Southampton, NY. The builder
is constructing retail space and a restaurant on the premises.
Mr Ricca also represented New York Community Bank in the
mortgage refinance of the Tam O'Shanter Club, a golf and
country club located in Brookville, NY.
Steve G. Gaebler and Anthony B. Barton
Represented Citibank, N.A. in connection with the negotiation
and documentation of revolving credit and standby letter
of credit facilities in the amount of $16 million to support
operations of the Gloucester Marine Terminal located in
Gloucester, NJ, and the Packer Marine Terminal located in
Philadelphia, PA. As part of the representation, our attorneys
were called upon to provide expertise in reviewing the effect
of Economic Development Bonds encumbering the Gloucester
Marine Terminal in the amount of $104 million.
James E. Cantanno
Represented Laramie Abingdon LP in the Defeasance of a $7.1
million mortgage loan while simultaneously securing a new
mortgage loan in the amount of $10 million. Laramie Associates
is a Long Island based company that acquires and manages
shopping centers around the country.Jeffrey D. Forchelli
was guest of honor at the Nassau County Republican Committee
“Special Dinner” held at the Crest Hollow Country
Club on October 18, 2007. Mr. Forchelli currently serves
as a Vice-Chairman of the Committee.
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