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SUMMER 2005 • Vol. XLII
- We are Litigation Lawyers
- Get to Know the Litigation Department
- Summer 2005 Calendar Calls

Get to Know the Litigation Department

Partner-in Charge
Donald Jay Schwartz (St. John's University School of Law) has been partner-in-charge of the FCSMCC Litigation Department for nearly three decades. A veteran litigator and former Assistant District Attorney, he has tried hundreds of jury cases before courts of all of the counties in the metro New York area and before numerous New York State Appellate Division Courts, including the State's highest Court, the Court of Appeals.

He successfully represented our client, Sandell Mostow, in the landmark case of Mostow v. State Farm Insurance Companies, from its inception right through the Court of Appeals. The Mostow case is responsible for changing the interpretation of insurance policies in New York and throughout the country to the advantage of policyholders. It required insurance companies to change the language in their policies to comply with the Mostow case and caused the New York State Department of Insurance to obtain emergency legislation to eliminate ambiguities in insurance policies. The case appeared on the front page of the New York Law Journal twice and was written about in numerous litigation journals.

Mr. Schwartz also tried the case of Roosevelt Raceway Association v. Nassau County, a tax certiorari case in which he obtained a tax refund in favor of our client in the sum of over $4 million dollars, the second highest tax certiorari verdict in the history of Nassau County. He has successfully tried cases on behalf of such corporate giants as Cablevision Systems Corp, Northrop Grumman Corp, Sbarro, and ABF Freight Systems, Inc., as well as innumerable cases on behalf of individuals.

Mr. Schwartz serves on the Nassau County Bar Association Commercial Law and Supreme Court committees, and is a member of the Nassau County Bar Association Committee on Grievances. This committee deals with the discipline of attorneys and is the only committee in the Nassau County Bar Association that requires its members to be specially selected. He is a member of numerous other Bar Associations and is admitted to practice before NY State and Federal Courts.

Richard Blumberg (The John Marshall Law School) has focused his practice on commercial and real estate litigation since joining the firm in 1998. He has litigated a wide variety of claims including homeowner association disputes, commercial and residential landlord/tenant proceedings, tax lien matters and boundary line disputes. Mr. Blumberg has substantial experience in appellate practice and has appeared before the state's highest court, the New York Court of Appeals. He is a member of the Nassau County Bar Association. Andrew E. Curto (Hofstra University School of Law) has been at the firm for six years and concentrates his practice in civil litigation. He has litigated claims in both federal and state courts in a wide variety of commercial claims including corporate dissolution and derivative actions, contract and real estate disputes, employment and discrimination claims, estate litigations, regulatory claims and compliance issues arising out of municipal zoning and code enforcement proceedings. He has substantial experience in appellate practice, with the United States Environmental Protection Agency, the Suffolk County District Attorney's office and the Matthew Bender Co., a well-known legal publisher. He is a member of the Nassau County, Suffolk County, and New York State Bar Associations and is admitted to practice before the New York State Bar, as well as the United States District Court for the Eastern and Southern Districts of New York.

Joseph Nocella, Jr. (Columbia University School of Law) is an experienced litigator. Prior to joining the firm in 2004, Mr. Nocella was an Assistant United States Attorney for the Eastern District of New York and tried numerous state and federal jury and nonjury trials, including real estate construction and civil RICO cases. As a senior associate at White & Case, LLP, Mr. Nocella supervised and managed complex national and international litigations. He is counsel to the Building Inspectors Association of Nassau County and serves on the Advisory Board of Pave the Way Foundation. He is admitted to the United States Court of Appeals for the Second and Ninth Circuits, the United States District Court for the Eastern and Southern Districts of New York and the Central District of California, as well as the States of New York and California.
New to the firm, Joseph A. Adams graduated from Hofstra University School of Law, earning his J.D. in 2004. A resident of Rockville Centre, he was Transportation Manager at the 2004 Republican National Convention.

The attorneys in the Litigation Department wish to acknowledge the contributions made to the success of the Department and to the firm by:

Peggy Dato, Ines Rodriquez and Betsy Greene

Dato, secretary to Donald Jay Schwartz for 23 years, also undertook duties for Richard Blumberg when he joined FCSMCC in 1998. Her hard work, dedication and knowledge of the litigation process increases the efficiency of each attorney and her abilities are appreciated by every client who has contact with her.

Ines Rodriquez and Betsy Greene are indispensable to the work of the Litigation Department and their contributions are appreciated by FCSMCC.

333 Earle Ovington Blvd.
Suite 1010
Uniondale, NY 11553
t: 516.248.1700
f: 516.248.1729
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