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WINTER 2008 • Vol. XLVII
- Understanding the Costs When Your Insurance Company Pays For Your Legal Defense
- The Importance of Zoning Due Diligence
- Identity Theft Protection - The Things You Should Know
- The Firm Highlights
- The Firm News, Appearances and Articles

The Firm Highlights

Land Use and Zoning Department

Jeffrey D. Forchelli
Represented Sleepy’s Mattress Professionals in connection with securing the zoning approvals for a new executive office building and primary warehouse facility in Hicksville, NY. Mr. Forchelli also secured approvals from the Town of Oyster Bay to construct a new Lowe’s Home Store on Rte 107 in Hicksville, NY.

Peter R. Mineo
Represented Pall Corporation before the North Hempstead Board of Appeals and the Town Board in connection with the relocation and enlargement of its global headquarters and research and development facility to an industrial park in Port Washington, NY.

William F. Bonesso
Obtained a change of zone, from residential to business, for land in the Village of East Rockaway on behalf of client Chase Bank to permit the re-development of the subject property to construct a banking center with drive-up ATM service.

Judy Simoncic Jacoby
Represented Steel Equities in securing site plan approval from the Town of Oyster Bay to permit the relocation of Old Dominion Freight Line’s Deerpark, NY facility to a newly constructed facility at the Bethpage Business Park area.

Real Estate Department
Peter Alpert
Obtained approval from the New York State Attorney General’s Office for a condominium offering prospectus for The Boulevard Condominium in Elmhurst, NY and Harman Plaza Condominium, located in Brooklyn.

Brian R. Sahn
Represented The Marcus Organization in connection with the lease of two commercial buildings located in Farmingdale, NY. The Schmitt Boulevard building was leased to General Electric Supply Company, while a building located on Smith Street was leased to Lifetouch National School Studies, Inc. Mr. Sahn also represented the client in refinancing both properties with Ridgewood Savings Bank.

Janet Ganio
Represented Data Industries Ltd., a major provider of IT staffing & technology solutions, in negotiating the simultaneous surrender of its headquarters at 100 Wall Street and the negotiation of a new lease for its current headquarters on Wall Street.

Litigation Department
Donald Jay Schwartz
Settled a negligence action against KLM Airlines pending in New York County Supreme Court for the sum of $150,000.00. Our client worked as a baggage handler at Kennedy Airport and was caused severe wrist injuries when he attempted to move a KLM cargo crate when the crate’s handle broke apart, causing him to fall. Mr. Schwartz was also successful in having a $50,000.00 Workers’ Compensation lien waived. Thus, the client received the equivalent of a $200,000.00 settlement.

Donald Jay Schwartz and Richard C. Goldberg
Demonstrated the Litigation Department's expertise in restrictive covenants in employment agreements by representing a surgeon in an action filed in the Suffolk County Supreme Court to enforce our client’s non-competition agreement. Our attorneys obtained a temporary restraining order barring the former employee from unfairly competing with our client after leaving our client's practice. When a lower Court judge struck the temporary restraining order, Mr. Schwartz and Mr. Goldberg were successful in convincing the Appellate Division to reinstate the order, pending the outcome of an appeal.

Corporate and Commercial Department
Anthony V. Curto, Barbara Shaheen Alesi and Lauren A. LaGrua
Represented Champion Motor Group, Inc., located in Syosset, NY in the acquisition and financing of property through an affiliated company, B.T. 115 Realty, LLC, to further expand and renovate its showroom. The acquisition and costs of renovation were financed through a $13.5 million loan with Bank of America, N.A. and the loan transaction was consummated simultaneously with the purchase transaction.

Barbara Shaheen Alesi and Gary M. Kushner
Worked together to complete the sale of assets of Smithtown Ford Inc., Saint James, NY, to Auto Sales LLC (d/b/a “Ford of Smithtown”). Ms. Alesi prepared and negotiated the Agreement for the sale of the business, while also completing separate negations with Ford Motor Company to terminate the Seller’s Ford Dealership. Mr. Kushner worked with Ford Motor Credit to reconcile the appropriate Seller’s credit and debit balances, and is handling all debtor/creditor matters in connection with the transaction.

Tax, Trusts and Estates Department
Barry C. Feldman
The Internal Revenue Service abated, in full, an employment tax assessment against a client, when federal tax specialist Barry C. Feldman convinced the IRS that it had failed to follow statutory provisions as well as its own rules. In addition, the IRS refunded to the client all amounts which it had collected and applied against the assessment.

Banking and Finance Department
James C. Ricca
Represented Community National Bank in securing a construction/building loan for property located in Southampton, NY. The builder is constructing retail space and a restaurant on the premises. Mr Ricca also represented New York Community Bank in the mortgage refinance of the Tam O'Shanter Club, a golf and country club located in Brookville, NY.

Steve G. Gaebler and Anthony B. Barton
Represented Citibank, N.A. in connection with the negotiation and documentation of revolving credit and standby letter of credit facilities in the amount of $16 million to support operations of the Gloucester Marine Terminal located in Gloucester, NJ, and the Packer Marine Terminal located in Philadelphia, PA. As part of the representation, our attorneys were called upon to provide expertise in reviewing the effect of Economic Development Bonds encumbering the Gloucester Marine Terminal in the amount of $104 million.

James E. Cantanno
Represented Laramie Abingdon LP in the Defeasance of a $7.1 million mortgage loan while simultaneously securing a new mortgage loan in the amount of $10 million. Laramie Associates is a Long Island based company that acquires and manages shopping centers around the country.Jeffrey D. Forchelli was guest of honor at the Nassau County Republican Committee “Special Dinner” held at the Crest Hollow Country Club on October 18, 2007. Mr. Forchelli currently serves as a Vice-Chairman of the Committee.

333 Earle Ovington Blvd.
Suite 1010
Uniondale, NY 11553
t: 516.248.1700
f: 516.248.1729
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Phone: 516-248-1700 • Fax: 516-248-1729

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