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Counselor
WINTER 2009
- 2008 Emergency Economic Stabilization
Act
- 2008/2009 Tax Planning Where Are
We Now and Where Are We Heading?
- The Firm Highlights
- Firm News, Appearances & Articles
The Firm Highlights
Our firm’s attorneys
continue to enhance our clients’ economic quality
of life.
Taxes
Jeffrey D. Forchelli, John Terrana and Richard Goldberg
teamed up to combine their land use, tax certiorari and
litigation skills to resolve a long-standing dispute between
the County of Nassau and the Greentree Foundation, owner
of the former Whitney Estate in Manhasset regarding its
property taxes. By combining their expertise, they were
able to satisfactorily reduce the property assessment by
analyzing the numerous land use restrictions which have
been placed upon the property in the last 20 year and their
impact on the property's value. The result was significant
tax savings for years to come.
Corporate and Commercial
Barbara Shaheen Alesi assisted a commercial
client who owns and operates a used car dealership in negotiation,
documenting and closing a commercial loan for the construction
and refurbishment of a new location in Merrick, Long Island.
The loan was guaranteed by the United States Small Business
Administration.
Anthony B. Barton represented Pall Corporation
in its “straight” lease transaction with the
Nassau County Industrial Development Agency to take advantage
of various available tax benefits in connection with its
new world-wide headquarters in Port Washington, New York.
Pall Corporation is a materials science engineering company
with more than $2 billion in sales and broad filtration,
separation and purification capabilities and experience
throughout the world.
Anthony B. Barton represented the Pilot Group and affiliates
in its purchase of a major interest in Vital Juice Daily,
a popular health and wellness daily e-mail service on the
Internet, headquartered in New York City,
Anthony B. Barton and Lauren A. LaGrua
represented the seller in a complex asset sale relating
to a car wash business in Nassau County, New York. The transaction
involved multiple parties with “wrap-around”
notes and security documents.
James C. Ricca represented Bagport America
in negotiating a contract with Massachusetts Port Authority.
The contract was a Concession Agreement for baggage cart
services in Boston-Logan International Airport, New England's
largest transportation center, generating economic activity
of $7 billion a year. Bagport America, LLC, a Delaware limited
liability company, is a service partner for baggage services
in United States airports. Its counterpart, Bagport Worldwide,
has six international offices and serves airports around
the world.
James C. Ricca, Joseph V. Cuomo and Lauren A. LaGrua
represented BB Franchising LLC in connection with several
general corporate matters, including the closing of its
first round of equity investment. BB Franchising is the
exclusive licensee of “The Brain Balance Program®”
developed by Dr. Robert Melillo, author of the book “Disconnected
Kids,” to help children with learning disabilities
and behavioral disorders. The Brain Balance Program®
integrates assessment tools, non-medical therapies, at-home
exercises and diet, and is customized to the needs of each
child. BB Franchising is also the exclusive operator and
franchisor of Brain Balance Centers. Currently, there are
a handful of Brain Balance Centers nationwide
Joseph V. Cuomo represented California-based
TranZfinity, Inc. in connection with a $2.5 million equity
investment by Germany-based SCM Microsystems, Inc. (NASDAQ:SCMM),
TranZfinity's strategic partner for manufacturing and distribution.
TranZfinity develops integrated hardware and services solutions
for transaction processing, logical and physical security,
media distribution and other applications and industries.
Banking and Finance
Anthony B. Barton represented Napco Security
Systems, Inc, in its $50,000,000 financing with HSBC Bank
USA, National Association, used in part to acquire G. Marks
Hardware, Inc., a leading independent manufacturer of industrial,
commercial and institutional locks. Napco Security Systems,
Inc. is one of the world's leading manufacturers of technologically
advanced electronic security equipment including instruction
and fire alarm systems, access control systems and electronic
locking devices.
James C. Ricca completed a multi-million
dollar acquisition loan transaction with the purchaser of
Roosevelt Raceway Center.
James C. Ricca and Peter Alpert represented
the lender in a multi-million dollar acquisition loan of
two commercial condominium units located at 555 West 59th
Street in Manhattan.
Real Estate
Anthony B. Barton and Judy L. Simoncic
negotiated the sale of approximately 25 of the 30 acres
of the Smithers Estate in Mill Neck, New York, to the County
of Nassau. The County was able to acquire the land under
its environmental bond open space program. Ms. Simoncic
secured all required zoning approvals to subdivide the property
from the involved municipalities of the Village of Mill
Neck and Village of Martinecock. Mr. Barton and Ms. Simoncic
successfully worked with the County to reach mutually agreeable
terms, so that under the sale, the property is to be preserved
as open space and used by County residents as a passive
park. This is an example of the private and public sectors
working to preserve open space in Nassau County.
James C. Ricca and Lisa A. Perillo successfully
obtained a judgment vacating a Deed and setting aside the
transfer of real property based on fraudulent conveyance.
Having been denied relief that his client was entitled to
under the Real Property law, William Bonesso
successfully sued the Nassau County Planning Commission
to compel it to issue a Letter of Exemption to allow an
eight lot subdivision of property situated in East Meadow.
The Nassau County Supreme Court determined that Mr. Bonesso
was correct in his argument that the Real Property law and
Nassau County Charter permits his client to re-subdivide
the property without the time and expense associated with
the filing of a formal subdivision map. The County of Nassau
has appealed the lower court decision and the matter is
presently awaiting argument before the Appellate Division.
Brian R. Sahn represented Amityville Storage
Partners, LLC, an affiliate of the Marcus Organization,
TMO, in the closing of a $6,7000,000 secured construction
loan funded by State Bank of Long Island. The project entails
the construction of a self-storage facility which will be
operated under the umbrella organization known as Space
Self-Storage that operates similar public storage facilities
in Lindenhurst and Deer Park, New York and Somerville, Massachusetts.
The project also included coordination with the Town of
Babylon Industrial Development Agency which participated
in the project and provided IDA benefits for the project
Litigation
Donald Jay Schwartz, Judy Simoncic and Richard Goldberg
successfully obtained a temporary restraining order preventing
a municipality form enforcing an ill-advised Stop Work Order
which would have prevented our client from completing the
renovation of its building. Our attorneys were successful
on three separate occasions in arguing before two Justices
of the Nassau County Supreme Court in favor of our client's
position which allowed our client's renovation to be successfully
completed without interruption.
Donald Jay Schwartz recently settled a
personal injury action for $100,000 on behalf of a client
who had tripped and fell in a large pothole in East Hampton,
New York. The settlement came just prior to trial in the
New York County Supreme Court.
Donald Jay Schwartz, along with New York
City co-counsel, was successful in challenging the condemnation
of our client’s property by the Power Authority of
the State of New York. Our client’s property
was leased to the developer of a power plant. In describing
the State’s condemnation, the Nassau County
Supreme Court stated, “While the plan for acquisition
is clear, the need for it is not.” The Court
went on to state that a government body may not take property
by imminent domain for the purpose of conferring a private
benefit on a particular private party nor may the government
take property under the pretext of a public purpose.
The Court concluded that the acquisition in our case was
not for a public purpose but principally conferred a private
benefit by eliminating the power plant’s obligation
to pay our client rent under the lease. The Court
concluded that the acquisition was unauthorized and was
set aside.
Andrew E. Curto and Steven G. Gaebler prevailed
in a diversity action in Federal Court with sought, among
other substantial relief, an affirmative injunction brought
to compel the holder of improperly filed subordinate mortgages
to discharge and release said mortgages in favor of our
client. The resulting settlement allowed our client to not
only obtain the complete relief sought in the complaint,
but also resulted in our client being fully reimbursed for
all attorneys' fees and costs, together with the client's
receipt of penalty interest in a substantial sum. The settlement
further permitted the timely completion and sale of the
subject multimillion dollar real estate development project,
which had been financed by our client, upon which the improper
mortgages had been filed.
Entertainment, Celebrity and
Sports Group
Anthony V. Curto and Joseph V. Cuomo represented
American Idol star and Grammy and Emmy award winner Paula
Abdul in connection with an agreement with MTV Networks
to create and develop a collegiate cheerleader competition
television special and series, which Paula would host. Prior
to her career as a dancer, singer and television personality,
Paula was a cheerleader for the Los Angeles Lakers basketball
team.
Industrial Development Agency
(IDA) and Empire Zone Benefits
Dan Deegan represented the Sleepys Inc.'s
on its IDA application for its 450,000 sq. ft. corporate
headquarters project, which was recently honored as the
“IDA Project of the Year” by the Long Island
Business Development Council at their 2008 annual Montauk
event.
Land Use and Zoning
William Bonesso has secured approvals from
the Town of Hempstead Town Board and the Village of Freeport
Zoning Board of his client's three gasoline stations which
will allow the construction of new convenience stores at
each site. Mr. Bonesso worked with neighbors and civic associations
in Hewlett, Uniondale and Freeport to turn initial opposition
into support for the applications, which made the difference
in obtaining the relief sought by his client.
William Bonesso has obtained approvals
from the Village of Cedarhurst Architectural Review Board
and Zoning Board of Appeals to permit the construction and
operation of a mikvah (a ritual purification bath taken
by Jews on certain occasions) facility in the Village. Despite
significant obstacles, Mr. Bonesso succeeded in establishing
that his client was entitled to the substantial parking
variance needed to permit the project to go forward.
Kathleen Deegan Dickson recently obtained
site plan approval from the Village of Great Neck on behalf
of Luxury Cars of Bayside for the relocation of its BMW
dealership service department to its new home on East Shore
Road. Ms. Deegan Dickson has also recently obtained approvals
from the Town of Brookhaven for a new Marriott Springhill
Suites Hotel to be constructed in Yaphank.
Andrea Tsoukalas successfully defended before the Appellate
Division a client’s approval of a zoning application
which involved a complicated analysis of which zoning regulations
applied to property located within a business and residential
district.
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