“Jesse is incredibly knowledgable in his field, but it’s his ability to effectively communicate and navigate complex situations in a thoughtful and strategic way that sets him apart. He has become an invaluable member of our team for all our firm’s environmental law matters.” - Will Kogel, Vice President at Brent Mako. In the last 12 months what accomplishment are you most proud of? Being…

While in many circumstances electronically signing documents is easier for all parties involved, for commercial loans and real estate transactions, wet ink original signatures are still required. New York State passed legislation in 2021, the Electronic Signatures and Records Act (ERSA) Regulation, permitting and establishing the standards and procedures for use and authentication of electronic signatures and records. ERSA also added Section 291-i to the…

Many companies must now comply with the beneficial ownership interest (“BOI”) reporting requirements under the federal Corporate Transparency Act (“CTA”), available at https://www.law.cornell.edu/uscode/text/31/5336.  The CTA requires nonexempt limited liability companies (“LLCs”), corporations and partnerships to file a report (“BOI Report”) disclosing information on the company and its beneficial owners.  Beneficial owners are all of the individuals who 1) directly or indirectly exercise substantial control over…

When New York State passed the Marijuana Regulation and Taxation Act (MRTA) in 2021, entrepreneurs in the cannabis industry seized on the long-awaited opportunity to open retail cannabis shops on Long Island. But even after the approval of hundreds of adult-use cannabis licenses across the state so far, only two dispensaries have opened on Long Island, and new dispensaries continue to face regulatory hurdles that…

Some time back, I represented a client purchasing a coop at The Excelsior on 57th Street. The pricing of large units in the heart of Manhattan seemed too good to be true. They were, because the building was subject to a ground lease; the coop did not own fee title to the land underlying the building. The ground lease was subject to a market rate…

There are times when it can be tempting to make certain representations to municipal authorities to facilitate procuring an approval. If untrue, they may come with some devastating consequences. In Caspian Realty, Inc. v. Zoning Bd. of Appeals of Town of Greenburgh, 68 A.D.3d 62 (2d Dept. 2009) the applicant sought site plan approval from a planning board for a proposed furniture store, where the…

Every year there a number of new developments in rules, regulations and laws governing labor and employment. Whether this is in regard to personal social media accounts, pay transparency acts, freelance contractor agreements, and even drug tests and background checks, employers must be in the know. If inadvertently unaware, you could face fines, lawsuits and penalties. Long Island Business News spoke with three labor and…

“Julia has consistently achieved a high level of CRE tax assessment reductions for our clients since she joined our firm. She understands how important it is for property owners to reduce their single greatest expense and takes great care to achieve the best possible results for them.” - John Terrana, Co-Managing Partner at Forchelli Deegan Terrana LLP. Who are the key people in your life…

Welcome to 2024! Turbulent times is an understatement, with interest rate fluctuations, inflation, rising vacancy rates, and stretched municipal budgets. Think goal line adjustments. The Fed Sentiment says we are at peak rates, but staying put is problematic. Rates remain elevated, and even if more predictable, owners face struggles to refinance given increased operating expenses (OPEX), wobbling rental rates and shrinking tenant demand. Investors are…

An issue that has been a subject of recent litigation is whether loan officers are entitled to receive overtime pay. It is often the presumption that since loan officers are frequently paid on commissions and, if successful, are paid well in excess of six-figures, if not seven-figures, they are exempt from overtime. However, the manner in which and amount of pay a loan officer receives…