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WINTER 2009
- 2008 Emergency Economic Stabilization Act
- 2008/2009 Tax Planning Where Are We Now and Where Are We Heading?
- The Firm Highlights
- Firm News, Appearances & Articles


The Firm Highlights

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

Taxes

Jeffrey D. Forchelli, John Terrana and Richard Goldberg teamed up to combine their land use, tax certiorari and litigation skills to resolve a long-standing dispute between the County of Nassau and the Greentree Foundation, owner of the former Whitney Estate in Manhasset regarding its property taxes. By combining their expertise, they were able to satisfactorily reduce the property assessment by analyzing the numerous land use restrictions which have been placed upon the property in the last 20 year and their impact on the property's value. The result was significant tax savings for years to come.

Corporate and Commercial
Barbara Shaheen Alesi assisted a commercial client who owns and operates a used car dealership in negotiation, documenting and closing a commercial loan for the construction and refurbishment of a new location in Merrick, Long Island. The loan was guaranteed by the United States Small Business Administration.

Anthony B. Barton represented Pall Corporation in its “straight” lease transaction with the Nassau County Industrial Development Agency to take advantage of various available tax benefits in connection with its new world-wide headquarters in Port Washington, New York. Pall Corporation is a materials science engineering company with more than $2 billion in sales and broad filtration, separation and purification capabilities and experience throughout the world.
Anthony B. Barton represented the Pilot Group and affiliates in its purchase of a major interest in Vital Juice Daily, a popular health and wellness daily e-mail service on the Internet, headquartered in New York City,

Anthony B. Barton and Lauren A. LaGrua represented the seller in a complex asset sale relating to a car wash business in Nassau County, New York. The transaction involved multiple parties with “wrap-around” notes and security documents.

James C. Ricca represented Bagport America in negotiating a contract with Massachusetts Port Authority. The contract was a Concession Agreement for baggage cart services in Boston-Logan International Airport, New England's largest transportation center, generating economic activity of $7 billion a year. Bagport America, LLC, a Delaware limited liability company, is a service partner for baggage services in United States airports. Its counterpart, Bagport Worldwide, has six international offices and serves airports around the world.

James C. Ricca, Joseph V. Cuomo and Lauren A. LaGrua represented BB Franchising LLC in connection with several general corporate matters, including the closing of its first round of equity investment. BB Franchising is the exclusive licensee of “The Brain Balance Program®” developed by Dr. Robert Melillo, author of the book “Disconnected Kids,” to help children with learning disabilities and behavioral disorders. The Brain Balance Program® integrates assessment tools, non-medical therapies, at-home exercises and diet, and is customized to the needs of each child. BB Franchising is also the exclusive operator and franchisor of Brain Balance Centers. Currently, there are a handful of Brain Balance Centers nationwide

Joseph V. Cuomo represented California-based TranZfinity, Inc. in connection with a $2.5 million equity investment by Germany-based SCM Microsystems, Inc. (NASDAQ:SCMM), TranZfinity's strategic partner for manufacturing and distribution. TranZfinity develops integrated hardware and services solutions for transaction processing, logical and physical security, media distribution and other applications and industries.

Banking and Finance
Anthony B. Barton represented Napco Security Systems, Inc, in its $50,000,000 financing with HSBC Bank USA, National Association, used in part to acquire G. Marks Hardware, Inc., a leading independent manufacturer of industrial, commercial and institutional locks. Napco Security Systems, Inc. is one of the world's leading manufacturers of technologically advanced electronic security equipment including instruction and fire alarm systems, access control systems and electronic locking devices.

James C. Ricca completed a multi-million dollar acquisition loan transaction with the purchaser of Roosevelt Raceway Center.

James C. Ricca and Peter Alpert represented the lender in a multi-million dollar acquisition loan of two commercial condominium units located at 555 West 59th Street in Manhattan.

Real Estate
Anthony B. Barton and Judy L. Simoncic negotiated the sale of approximately 25 of the 30 acres of the Smithers Estate in Mill Neck, New York, to the County of Nassau. The County was able to acquire the land under its environmental bond open space program. Ms. Simoncic secured all required zoning approvals to subdivide the property from the involved municipalities of the Village of Mill Neck and Village of Martinecock. Mr. Barton and Ms. Simoncic successfully worked with the County to reach mutually agreeable terms, so that under the sale, the property is to be preserved as open space and used by County residents as a passive park. This is an example of the private and public sectors working to preserve open space in Nassau County.

James C. Ricca and Lisa A. Perillo successfully obtained a judgment vacating a Deed and setting aside the transfer of real property based on fraudulent conveyance.

Having been denied relief that his client was entitled to under the Real Property law, William Bonesso successfully sued the Nassau County Planning Commission to compel it to issue a Letter of Exemption to allow an eight lot subdivision of property situated in East Meadow. The Nassau County Supreme Court determined that Mr. Bonesso was correct in his argument that the Real Property law and Nassau County Charter permits his client to re-subdivide the property without the time and expense associated with the filing of a formal subdivision map. The County of Nassau has appealed the lower court decision and the matter is presently awaiting argument before the Appellate Division.

Brian R. Sahn represented Amityville Storage Partners, LLC, an affiliate of the Marcus Organization, TMO, in the closing of a $6,7000,000 secured construction loan funded by State Bank of Long Island. The project entails the construction of a self-storage facility which will be operated under the umbrella organization known as Space Self-Storage that operates similar public storage facilities in Lindenhurst and Deer Park, New York and Somerville, Massachusetts. The project also included coordination with the Town of Babylon Industrial Development Agency which participated in the project and provided IDA benefits for the project

Litigation
Donald Jay Schwartz, Judy Simoncic and Richard Goldberg successfully obtained a temporary restraining order preventing a municipality form enforcing an ill-advised Stop Work Order which would have prevented our client from completing the renovation of its building. Our attorneys were successful on three separate occasions in arguing before two Justices of the Nassau County Supreme Court in favor of our client's position which allowed our client's renovation to be successfully completed without interruption.

Donald Jay Schwartz recently settled a personal injury action for $100,000 on behalf of a client who had tripped and fell in a large pothole in East Hampton, New York. The settlement came just prior to trial in the New York County Supreme Court.
 
Donald Jay Schwartz, along with New York City co-counsel, was successful in challenging the condemnation of our client’s property by the Power Authority of the State of New York.  Our client’s property was leased to the developer of a power plant.  In describing the State’s condemnation, the  Nassau County Supreme Court stated, “While the plan for acquisition is clear, the need for it is not.”  The Court went on to state that a government body may not take property by imminent domain for the purpose of conferring a private benefit on a particular private party nor may the government take property under the pretext of a public purpose.  The Court concluded that the acquisition in our case was not for a public purpose but principally conferred a private benefit by eliminating the power plant’s obligation to pay our client rent under the lease.  The Court concluded that the acquisition was unauthorized and was set aside.

Andrew E. Curto and Steven G. Gaebler prevailed in a diversity action in Federal Court with sought, among other substantial relief, an affirmative injunction brought to compel the holder of improperly filed subordinate mortgages to discharge and release said mortgages in favor of our client. The resulting settlement allowed our client to not only obtain the complete relief sought in the complaint, but also resulted in our client being fully reimbursed for all attorneys' fees and costs, together with the client's receipt of penalty interest in a substantial sum. The settlement further permitted the timely completion and sale of the subject multimillion dollar real estate development project, which had been financed by our client, upon which the improper mortgages had been filed.

Entertainment, Celebrity and Sports Group
Anthony V. Curto and Joseph V. Cuomo represented American Idol star and Grammy and Emmy award winner Paula Abdul in connection with an agreement with MTV Networks to create and develop a collegiate cheerleader competition television special and series, which Paula would host. Prior to her career as a dancer, singer and television personality, Paula was a cheerleader for the Los Angeles Lakers basketball team.

Industrial Development Agency (IDA) and Empire Zone Benefits
Dan Deegan represented the Sleepys Inc.'s on its IDA application for its 450,000 sq. ft. corporate headquarters project, which was recently honored as the “IDA Project of the Year” by the Long Island Business Development Council at their 2008 annual Montauk event.

Land Use and Zoning
William Bonesso has secured approvals from the Town of Hempstead Town Board and the Village of Freeport Zoning Board of his client's three gasoline stations which will allow the construction of new convenience stores at each site. Mr. Bonesso worked with neighbors and civic associations in Hewlett, Uniondale and Freeport to turn initial opposition into support for the applications, which made the difference in obtaining the relief sought by his client.

William Bonesso has obtained approvals from the Village of Cedarhurst Architectural Review Board and Zoning Board of Appeals to permit the construction and operation of a mikvah (a ritual purification bath taken by Jews on certain occasions) facility in the Village. Despite significant obstacles, Mr. Bonesso succeeded in establishing that his client was entitled to the substantial parking variance needed to permit the project to go forward.

Kathleen Deegan Dickson recently obtained site plan approval from the Village of Great Neck on behalf of Luxury Cars of Bayside for the relocation of its BMW dealership service department to its new home on East Shore Road. Ms. Deegan Dickson has also recently obtained approvals from the Town of Brookhaven for a new Marriott Springhill Suites Hotel to be constructed in Yaphank.
Andrea Tsoukalas successfully defended before the Appellate Division a client’s approval of a zoning application which involved a complicated analysis of which zoning regulations applied to property located within a business and residential district.  

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

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