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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 areas.

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 Bay.

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 Tabone)

  • 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 at auction.

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.

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