| Articles | The
SPRING 2006 • Vol. XLIV
- When Eminent Domain and Free Exercise
of Religion Collide
- The Firm Launches New Website
- Spring 2006 Calendar Calls
- The Firm Departments Work Together
Spring 2006 Calendar Calls
In each The Firm newsletter we publish updates (calendar
calls) on legal cases handled by the firm. Given this issue's
focus on our Land Use and Zoning Department, we begin there
and include additional highlights from our extensive practice
Land Use and Zoning Department Highlights
William F. Bonesso
Obtained variances on behalf of TJM Realty from the
Town of Hempstead Board of Zoning Appeals to legalize
the use of the client's premises on Pettit Lane in Bellmore
for a restaurant, retail store and warehouse.
Obtained variances on behalf of A&H Merrick Realty
from the Town of Hempstead Board of Zoning Appeals to
allow construction of a new retail/office building on
Nassau Road in Roosevelt. The premises will become the
site of the first new commercial development in the
Roosevelt area in over 20 years.
William F. Bonesso and Judy Simoncic Jacoby
Obtained subdivision approval from the Village of
Lynbrook to permit Wire & Wood, Inc. to construct a
34-unit condominium building. They were previously successful
in obtaining the required special use permit from the
Board of Trustees and variances from the Lynbrook Zoning
Board of Appeals.
Diana Fantano Hoffman
Obtained Nassau County Planning Commission approval
for a 28-townhouse community located in downtown Oyster
Corporate & Commercial Department Highlights
Anthony V. Curto and Peter B. Katzman
Completed the reorganization of Top Line Design Ltd
to form Greenstone/Fontana Corporation. The reorganization
required a recapitalization of the corporation, a Shareholder's
Agreement, and the execution of numerous other documents
dealing with corporate governance and administration.
Greenstone/ Fontana will now have the largest billings
of all advertising firms on Long Island.
Peter Mills Alpert
Represented the shareholder of a family-owned corporation
in connection with the sale of the company to an affiliate
of a public corporation for a price in excess of $24,000,000.
Anthony B. Barton
Represented Lock Up South Setauket, LLC in its acquisition
and $7,475,000 financing of a self-storage facility
in South Setauket, New York.
Anthony B. Barton and Peter R. Mineo
Represented Lock Up Garden City, LLC in its $4,600,000
refinancing of its self-storage facility in Garden City
Park, New York.
Anthony B. Barton, Peter R. Mineo and Andrea Tsoukalas
Represented Matthews New Hyde Park, LLC in its $3,025,000
refinancing of its property occupied by Walgreens Hillside
drugstore in New Hyde Park, New York.
Terence E. Smolev, Anthony B. Barton and Barbara Shaheen
Alesi (assisted by Douglas W. Atkins and Law Clerk Stephanie
Represented NAPA Management Services Corporation (NMSC)
in its merger with Comprehensive Health Care Administration,
LLC (CHCA) and the subsequent private placement of certain
shares of common stock under Regulation D of the Securities
Act of 1933. NMSC, as merged with CHCA, is the exclusive
provider of management and billing services for the
nation's largest private practice anesthesia group,
North American Partners in Anesthesia.
Litigation Department Highlights
Donald Jay Schwartz
Represented the Village Justice of the Village of
Lake Success in a motion brought against him by a litigant
in his court. The Appellate Term of the Supreme Court
dismissed the motion brought against the Village Justice
and granted Mr. Schwartz's cross-motion for sanctions
in the amount of $1,000.00 against the attorney bringing
the action. The matter was the subject of an article
featured in the New York Law Journal (12-20-05).
Donald Jay Schwartz and Lisa A. Perillo
Represented one of the firm's manufacturing clients
in the New York County Supreme Court. Seven of nine
causes of action brought against our client were dismissed
by Judge Smith of the New York County Supreme Court
based upon our motion for summary judgment. Our attorneys
were also successful in securing compensation for our
client's legal costs.
Anthony V. Curto and Donald Jay Schwartz
Settled a litigation brought by our client, Mike Francesa,
co-host of the popular "Mike and the Mad Dog" radio
talk show on WFAN in New York City, and television commentator
on "Mike'd Up", the Mike Francesa sports report, shown
weekly on WNBC-TV. The matter, which concerned a substantial
property damage claim, was settled favorably to Mr.
Francesa after a mediation hearing prior to the commencement
of a jury trial.
Richard A. Blumberg
Successfully opposed a motion for an Order permitting
the exhumation of a man's body a year after his death
as proposed by his widow. Representing the decedent's
mother, Mr. Blumberg established that the decedent's
last will and testament was devoid of any reference
to cremation and prevailed upon the Court that the widow
failed to provide a good and substantial reason to disturb
her husband's remains. The matter was the subject of
an article featured in the New York Law Journal (03-28-06).
Andrew E. Curto
Prevailed on a motion for summary judgment in a shareholder
derivative and breach of contract action filed as two
separate actions pending in New York County Supreme
Court. The Court entered judgment directing that the
opponent's shares of the subject corporation be sold
Real Estate Transactions Department Highlights
Barbara Shaheen Alesi
Represented Lakeside Manor Apartments, Inc. in the
sale of four tenant-occupied, multi-family buildings
located in Copiague, New York for a purchase price of
$6,400,000. In connection with the sale, 55 tenant leases
were assumed by the purchaser. The transaction was effected
as a "Like-Kind Exchange" pursuant to Section 1031 of
the Internal Revenue Code.
Firm Appearances and Articles
Jeffrey D. Forchelli co-authored an article published
in the Nassau Lawyer: ?Educational and Religious Land
Uses: Revisited,? December 2005.
James E. Cantanno co-authored an article published
in the New York Real Estate Journal: ?Surveying the
Landscape,? October 19, 2005.
John V. Terrana will speak before the American Society
of Appraisers on April 20, 2006. The discussion topic
will be ?Defending Your Appraisal in Court.?
Anthony J. Sabino was a guest speaker at the Long
Island Water Conference on October 24, 2005. The topic
pertained to the DEC and EPA public information meetings.
Aaron Gershonowitz bylined an article published in
the New York Law Journal: ?Con Ed v. UGI?: Is the Supreme
Court?s Aviall Now Irrelevant?,? December 16, 2005.