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FALL 2006 • Vol. XLV
- Cy Pres
- Changes in the Rules Governing IRS Offers in Compromise
- Brooklyn Law School Alumni Reception
- The Firm Highlights
- A Date to Remember


The Firm Highlights

Land Use and Zoning Department Highlights

William F. Bonesso
Obtained site plan approval from the Valley Stream Zoning Board of Appeals to permit the construction of a 10,000-square-foot Advanced Auto Parts Store at 56 West Merrick Road in Valley Stream, NY.

William F. Bonesso
Obtained variances from the Hempstead Zoning Board of Appeals to permit renovations to an outdoor dining area at A Taste of Home Bakery.

Diana Fantano Hoffman
Facilitated the expansion of a cat sanctuary that houses and provides necessary medical treatment to homeless cats in downtown Oyster Bay, NY.

Andrea Tsoukalas and Peter R. Mineo
Obtained a variance on behalf of our client, a local developer, to legalize a non-conforming two-family residence in the Incorporated Village of New Hyde Park, NY.

Real Estate Transactions Department Highlights

Barbara Shaheen Alesi
Assisted a client, "Pollo Campero" restaurant, insecuring a new franchise location at 50 Fulton Avenue Hempstead, NY. Ms.Alesi structured and negotiateda lease for space in the newly constructed building fora five (5) year term with two five (5) year options. The restaurant, which is expected to open by year end, will be the third Pollo Campero restaurant on Long Island. Peter Alpert and the law offices of Minerva and D'Agostino filed a no-action letter prospectus with The New York State Attorney General's Office on behalf of clients, Valley Stream Union Free School District #30 and Wallman Properties, LLC., to create a condominium for the school district's office.

Peter Alpert
Successfully secured approvals from the New York State Attorney General's Office for the Miramar Condominium Offering Plan, a mixed residential/com-mercial office project located on Queens Boulevard in Elmhurst, NY, 645-660 East Broadway Condominium, a residential condominium located at 654-660 East Broadway, Long Beach, NY and for Parkview Estates of Valley Stream, a residential condominium locatedat 420 North Corona Avenue, Valley Stream, NY.

Robert Chicco and Diana Fantano Hoffman
Successfully completed the conversion of a 37-unit rental building to condominium units in the Village of Williston Park.

James Ricca
Settled contested contract action in favor of our client for $1,850,000 while reserving the right to appeal dismissed causes of action.

James Ricca
Obtained judgment of foreclosure in a contested condominium lien foreclosure case involving four separate condominium units.

James Ricca
Obtained judgment of partition for commercial property in favor of an individual client against a corporation.

Corporate & Commercial Department Highlights

Anthony V. Curto
Facilitated a deal between our client, Champion Motor Group, and Automobili Lamborghini S.p.A, the Italy based manufacturer of the exclusive Lamborghini brand, to add Lamborghini sports cars to the impressive fleet of luxury automobiles that Champion Motor Group offers.
Litigation Department Highlights

Donald Jay Schwartz
Settled our clients' negligence case against the County of Suffolk and the Rotary Club of Northport for the sum of $375,000.00. Our client suffered serious injuries after falling down a flight of stairs due to darkness at a function which the Defendants refused to cancel in spite of the fact that it was being held during a time when the largest blackout in United States history left the entire Northeast without power.

Donald Jay Schwartz, Richard C. Goldberg and New York City Co-Counsel
Recently worked together to defeat a motion seeking an injunction that would have prevented our clients from merging their limited partnership into an othere ntity. Justice Bucaria of the Nassau County Supreme Court not only denied the Plaintiff's motion, but he also dismissed the Plaintiff's lawsuit in its entirety. The decision paved the way for our clients to buy the Plaintiff's interest for fair value, over his objection.

Donald Jay Schwartz and Lisa Perillo
Brought a successful motion for summary judgment on behalf of our client who was sued for various labor law violations when a workman fell from a scaffold while installing a ceiling light in our client's home and suffered serious permanent injuries. In an 11-page decision, Justice Pines of the Suffolk County Supreme Court agreed with our firm's argument that our client did not fall with in any of the criteria required for a finding of liability under New York State's Labor Law. The case against our client was dismissed in all respects.

Donald Jay Schwartz and Lisa Perillo
Successfully represented Lancer Litho Packaging Corporation in a lawsuit brought against them by a salesman claiming that our clients caused him to be falsely arrested for grand larceny. The Appellate Division, First Department, in a unanimous decision, dismissed the Plaintiff's lawsuit against our clients inits entirety. Our attorneys were also successful in an action brought against the Hartford Insurance Company that resulted in Hartford being required to pay for the defense and appeal of the lawsuit therefore saving our clients substantial legal fees.

Tax, Trust & Estates Department Highlights

Robert H. Groman and Barry C. Feldman
Successfully represented an estate in its estate tax dispute with the Internal Revenue Service, by achieving a 64% reduction in the proposed deficiency assessment against the estate.

Terence E. Smolev
Represented The Roosevelt Educational Foundation in its formation and charitable status application before the IRS and New York State Attorney General.

The Firm Departments Work Together —The Firm brings its talents together to more fully represent the interests of the firm's clients. Recently, Gary M. Kushner of the Bankruptcy Department, Peter Alpert of the Real Estate Department and Richard H. Goldberg of the Litigation Department worked together to succeed in having the United States District Court dismiss the plaintiff's complaint in the action Drennis et al vs Ziozis et al. The case involved the failure of the Sterling Watters Hedge Fund.

Firm News, Appearances and Articles

James Ricca
Lectured at several first-time home buyers' seminars sponsored by client NYCB, in addition to lecturing to attorneys at a Real Estate Title CLE seminar sponsored by N.B.I.

Brian R. Sahn and Aaron Gershonowitz
Bylined an article published in the Nassau Lawyer: "The State's Vapor Intrusion Policy: issues to consider," August 2006.

Terence E. Smolev and Lisa A. Perillo
Bylined an article published in The New York Law Journal: "Not As Sure As Death and Taxes," September 18, 2006.

Russell G. Tisman
Was sworn in on September 28, 2006 as a member of the Executive Board of the Theodore Roosevelt American Inn of Court by Hon. Samuel Alito, a Justice of the Supreme Court of the United States. The American Inn of Court movement, which is modeled after the British Inns of Court, was founded in the United States by former Chief Justice Warren Burger, and is dedicated to promoting civility, collegiality and mentoring in the practice of law.

Terence E. Smolev
Was named a member of the Nassau County Comptroller's Audit Advisory Committee. The Committee is one of a handful of citizens' audit committees providing outside financial advice and oversight to counties in New York State.

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