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SUMMER 2008
- Must a person owe tax to be guilty of Tax Evasion
- Welcome New Partners & Associates
- The Firm Highlights
- Firm News, Appearances & Articles


The Firm Highlights

Our firm’s attorneys continue to enhance our clients’ economic quality of life.

Zoning and Land Use Approvals

Jeffrey D. Forchelli and Richard C. Goldberg
Protected Long Island property owners’ economic rights by successfully challenging a City of Glen Cove Board of Zoning Appeals decision which had upheld the local building department’s denial of a building permit and certificate of occupancy for a substantial garage built by our clients adjacent to their home. Denial of our clients’ application by the Board carried with it possible significant adverse consequences since our clients may have found themselves in the position of having to tear the garage down at considerable expense.

Other property owners benefited when Mr. Forchelli and Mr. Goldberg successfully challenged in the Supreme Court, Nassau County, the denial of a subdivision application by the Bayville Village planning board. The owners of the premises had the right to subdivide the premises in accord with a local law which provided for the “grandfathering” of subdivision rights in favor of the current owners, despite an intervening change in local zoning law that would have rendered such subdivision currently impermissible.

Real Estate Department
Brian R. Sahn and Anthony B. Barton
Represented Somerville Storage Partners, LLP, an affiliate of The Marcus Organization, in acquiring a nearly 90 year old, 61,760 square foot warehouse and manufacturing building located in Somerville, Massachusetts. The project entails converting the existing building into a self-storage facility.

Contemporaneously, Mr. Sahn represented Somerville in acquiring and closing a $6.5 million secured construction loan facility funded by Wells Fargo Bank, N.A. The new facility will be operated under the umbrella organization Space Self Storage that operates a similar facility in Lindenhurst, New York, and has under construction two more facilities in Deer Park and Amityville, New York.

Barbara Shaheen Alesi
Negotiated and closed a transaction involving the purchase of a commercial building in downtown Huntington. The transaction involved negotiations for a lease cancellation with the existing tenant; resolving various zoning regulations impacting on the purchaser’s intended use; and coordinating time frames to effect the seller’s tax free exchange of properties under Section 1041 of the Internal Revenue Code.

Negotiated and closed a transaction involving acquisition of a four acre parcel in Muttontown from The Nature Conservancy. The parcel is contiguous with a larger parcel owned by the purchaser and, once combined, will support the purchaser’s continued use of the property as a farm for boarding, riding and showing horses.

Negotiated and closed a commercial loan transaction for approximately $4 million of loan proceeds to be used for expansion of the borrower’s nursing home operation. Ms. Alesi also coordinated procurement of the required Department of Heath regulatory approvals.

Banking and Finance Department
Steven G. Gaebler

Mr. Gaebler successfully represented Commerce Bank, N.A. in connection with the negotiation and documentation of a leasehold mortgage loan for City Cellar Restaurant of Westbury. He was required to negotiate amendments to an existing ground lease in order to obtain mortgage financing.
Bactolac Pharmaceutical of Hauppauge will have a new home thanks to Mr. Gaebler’s successful representation of Citibank, N.A. in connection with the negotiation and documentation of a $6 million construction loan. The loan, which included financial assistance from the Suffolk County Industrial Development Agency, will enable Bactolac to construct a 44,372 square foot commercial/industrial building to house its operations.

James C. Ricca & James E. Cantanno
Represented institutional lenders in two separate mortgage loan transactions, each involving multiple commercial properties in Manhattan and the Bronx. The aggregate loan amounts for the transactions exceeded $24 million and $7 million respectively.

Tax Department
Barry C. Feldman

Successfully secured tax-exempt status for a voluntary nursing home located in Brooklyn. Upon Mr. Feldman’s skillful representation, the Internal Revenue Service considered the matter on an expedited basis, enabling the client to complete a multi-million dollar HUD refinancing and, most importantly, avoid paying nearly $1.7 million in mortgage recording taxes.

Barry C. Feldman and Robert H. Groman
“We are returning your case file to the Area Director with the determination that you be relieved of liability for the tax periods indicated above.” With those brief words, the IRS Appeals office closed its case against our client, which had been pending for nearly three years. As a result, the client was relieved of liability for payroll taxes and interest in excess of $5.35 million. And, with this decision “in hand”, there may be an additional saving of $3 million in taxes and interest which might have been claimed by New York State.

Terence E. Smolev
Mr. Smolev, as the head of the Tax, Trusts and Estates Division of the firm, is currently representing several high profile restaurants and other businesses in New York State Tax Department and Internal Revenue Service investigations regarding sales tax and income tax evasion charges.

Litigation
Donald Jay Schwartz
Donald Jay Schwartz recently settled a personal injury action pending in the Bronx Supreme Court for $425,000. Mr. Schwartz’s client was walking her dog on a Manhattan sidewalk when she suffered a fractured hip caused by a wind blown piece of plywood negligently placed in her path.

Donald Jay Schwartz and Richard C. Goldberg
Donald Jay Schwartz and Richard C. Goldberg were successful in having the Appellate Division, Second Department reverse a Suffolk County Supreme Court Judge’s decision and reinstate an injunction on behalf of our Southampton physician client. The injunction stopped our client’s former employee from violating a restrictive covenant in an employment agreement that prevented the offending doctor from practicing within 15 miles of our client’s office for a period of two years.

Richard A. Blumberg and Lisa Perillo
Richard A. Blumberg and Lisa Perillo’s successful representation of Choicepoint in the Suffolk County, Supreme Court resulted in dismissal of a negligence lawsuit. Choicepoint assists companies in administering drug tests to their employees. In this case, Choicepoint was retained by a freight moving company to oversee the random drug tests of its employees. One employee tested positive for cocaine. The Plaintiff then sued Choicepoint for negligence alleging that the test was administered improperly and that Plaintiff’s use of Benzocaine and anabolic steroids caused the false/positive result for cocaine. Utilizing expert testimony, Mr. Blumberg and Ms. Perillo convinced the Court that a combination of these drugs cannot produce a false/positive test for cocaine.


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Phone: 516-248-1700 • Fax: 516-248-1729
Email: info@forchellilaw.com

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