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Representative Matters

Litigation

Transactional

After winning summary judgment on liability and after an evidentiary hearing on damages, the court awarded our commercial landlord client a judgment in excess of $309,000 for rent, additional rent and attorneys’ fees.


On behalf of the owner of a sports facility in the greater NYC area, prevailed after 8 days of hearings in construction arbitration in which our client was awarded over $380,000 in damages by the arbitrator. Thereafter the court confirmed the award over the objections of the design-builder.


In a post-judgment matrimonial matter, defeated spouse’s attempt to set aside a Settlement Agreement and our client was awarded attorney’s fees.


On behalf of the owner of a major Long Island home furnishings company, successfully obtained summary judgment in an action to declare that a former railroad spur easement in favor of an adjacent property owner had been abandoned and was therefore extinguished.


Successfully obtained a dissolution order on behalf of a 50% member of a single asset real estate limited liability company, demonstrating that longstanding hostility between the two equal members resulted in the vacancy of the building and the frustration of the LLC’s profit-generating purpose.


On behalf of three Southampton Town residents, obtained the reversal on appeal of an order dismissing their statutory “taxpayer action” and common law nuisance claims. The residents objected to the defendant’s use of property in a residential area for a waste management business. In this case of first impression, the firm argued successfully that town taxpayers, who have qualified to prosecute a taxpayer action upon the town’s failure to timely act after a statutory demand, do not forfeit their standing if, subsequently, the defendant files for approvals, or the town takes some preliminary action such as commencing criminal proceedings, that does not abate or correct the acts of which the taxpayers are aggrieved.


Successfully defended clients in federal lawsuit against claims brought under the Racketeer Influenced Corrupt Organizations Act (RICO) as well as several other federal statutes. Plaintiffs, two providers of food rations to United Nations peacekeeping missions, claimed that the defendants participated in a bid rigging and bribery scheme to unlawfully divert United Nations business.


Successfully represented the seller of a chiropractic practice in a dispute with the purchaser arising from an alleged breach of a restrictive covenant contained in the purchase agreement.


Successfully represented complainant in an administrative hearing challenging a country club’s membership policies as being discriminatory on the basis of religion.


Serve as local counsel for firms in Manhattan, Boston and Los Angeles in state and federal courts on Long Island in various matters including breach of contract, intellectual property, trademark and patent infringement litigation.


Represent the owner of numerous restaurant franchises in an arbitration against the company’s former C.F.O., who stole hundreds of thousands of dollars from the company.


Represent a 50% owner of a land use consulting business in a dissolution proceeding involving her co-shareholder in that business and in a parcel of residential property in which they both own title.


Represent a successful personal injury attorney in a fee dispute with his former employer who was subsequently disbarred. The issue concerned the effect of the disbarment on the disbarred attorney’s rights to recover a percentage of a large personal injury settlement negotiated by our client during trial.


Represent the owner of multiple restaurants and parcels of real estate in a dispute with a family member over the ownership of various assets including the restaurant businesses, trademarks and the real estate.


Represent the owner of a Nassau County commercial office building in a lawsuit in which a tenant claimed to be partially evicted from its premises and, therefore, had the right to occupy the entire premises without paying rent.


Represent a management company in the appeal of a Supreme Court ruling that the medical “sponsor”, and not the management company, was the true owner of a methadone maintenance clinic.


Represent the owner of a large apartment complex in an arbitration concerning the former owner’s right to an additional “earn out” pursuant to a formula set forth in the contract of sale for the complex.


Defend a home builder in a Labor Law §240 action involving personal injury to an individual who fell through a “cut out” in a roof in a residence undergoing renovations.

Represented various clients in the following transactions:

  • $53 million construction financing of a landmarked New York City loft building to be converted to a luxury residential condominium with ground floor retail space.
  • $39 million refinancing of high-end retail shopping center in Manhasset, New York
  • $52 million acquisition and financing of a 250,000 square foot shopping center in Selden, New York to complete a tax-deferred exchange pursuant to Section 1031 of the Internal Revenue Code.
  • $82 million construction financing of a multi-use project in Jersey City, New Jersey.
  • $15 million sale of 50% of the membership interests in a limited liability company that owns a shopping center in Manhasset, New York.
  • $12.5 million acquisition and financing of a shopping center in Great Neck, New York.
  • $15 million acquisition and financing of an office building in Jersey City, New Jersey.
  • $10.2 million purchase and financing of a shopping center anchored by a national supermarket chain in Huntington, New York.
  • $15 million acquisition and financing of a landmarked office building on Broadway in New York City.
  • $20 million acquisition and financing of land and its development as a 200-unit apartment complex in Coram, New York, as well as the negotiation of the construction contract with the general contractor.
  • $14 million acquisition and financing of a major office building in Great Neck, New York.
  • $8.3 million sale of a shopping center anchored by a national supermarket chain in Huntington, New York.
  • $3.7 million dollar sale of a shopping center in Bellmore, New York.
  • $4.6 million sale of an office building in Ronkonkoma, New York and the subsequent purchase of residential development property to complete a Section 1031 tax-deferred exchange.
  • $5.7 million acquisition and financing of a shopping center in Selden, New York.
  • $6 million acquisition and financing of a shopping center in Merrick, New York.
  • $4.6 million acquisition and financing of a shopping center fully-leased by a national supermarket chain in Valley Stream, New York.

Represented major commercial property owners in the New York / New Jersey / Connecticut metropolitan area in the following transactions:

  • 200,000 square foot office building fully-leased to Nassau County for the headquarters of the Nassau County Health Department.
  • 108,000 square feet of office space leased to a major international bank for its Stamford, Connecticut headquarters.
  • 80,000 square feet of office space leased to a large Long Island law firm for its Nassau County headquarters.
  • 125,000 square feet of industrial space leased to a tool manufacturer in Shelton, Connecticut.
  • 55,000 square feet of office space leased to a large Stamford, Connecticut law firm.

Represented national building supply company in the negotiation of an 89,000 square foot lease of a stone flooring manufacturing facility in New Jersey.


Represented regional manufacturing company in the $60 million sale of assets including real estate and ongoing business operation.


Served as special New York counsel to a national real estate developer in connection with two complex financing transactions relating to the development of real estate in Bellport, New York and Orlando, Florida. The aggregate loan amounts for the two transactions exceeded $180 million.


Represented the Long Island Power Authority in the following transactions:

  • Acquisition of a 50 acre site in Shoreham, New York to be used for, among other things, the site for the terminus of the Cross-Sound Cable from Connecticut and interconnection with the Long Island electrical grid, and the development of new power plants.
  • Negotiation of License Agreements permitting installation of ten portable electric generators in three locations on Long Island in order to ensure a sufficient supply of electric power to Long Islanders.
  • Negotiation of ground leases with the developers of five new power plants on Long Island.

Pro bono representation of a Jewish congregation in the acquisition of land in Nassau County to be developed for a new synagogue.


Represented developer in the acquisition and financing of 120 acres of development property in Riverhead, New York and the negotiation of a complex joint venture agreement with an investor/contractor pursuant to which the property was to be developed as a residential subdivision and golf course.


Represented Italian architectural firm in the negotiation of various architectural contracts with the United Nations.


Represented franchisee in the sale of three Burger King restaurants in the New York area.


Represented franchisee in the purchase and financing of four Dunkin’ Donuts franchises in the New York area.


Represented franchisee in the purchase and financing of thirteen Kentucky Fried Chicken franchises, including real estate, in Brooklyn and Queens, New York.


Represented a privately held garment manufacturer in the following transactions:

  • Negotiation of a $30,000,000.00 increase to its existing credit facility.
  • Negotiation of sales agency agreements covering the United States and various European countries.
  • Negotiation and closing of an approximately $14,000,000.00 acquisition of another privately held garment manufacturer.