Sahn Ward Braff Koblenz Coschignano, PLLC August 2019 E-Newsletter
Q&A Josh Brookstein

Joshua D. Brookstein

In this edition of our Newsletter, we highlight the work of Joshua Brookstein. Josh concentrates his practice in zoning and land use planning, municipal law, and litigation and appeals. Josh has a varied and extensive case agenda, but still finds time for pro-bono and community service with the Nassau County Bar Association, and other organizations. Josh talks about his practice and other interests in this Q&A.

Which important matters have you been working on recently?
Working closely with Michael Sahn and Joseph Bjarnson, I guided the recording of the first commercial subleasehold condominium subdivision map in Nassau County for a not-for-profit healthcare institution. While commercial subleasehold condominium subdivisions have long been recognized in New York City, they have not been used and recorded on Long Island.

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Firm News

Chris Coschignano

Chris J. Coschignano Appointed to Board of Directors of Nassau County Bar Association

Chris J. Coschignano has been appointed to the Nassau County Bar Association (NCBA) Board of Directors. He also presently serves as Co-Chair of the Municipal Law Committee with fellow SWC Partner John Farrell.

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Matters of Interest

Michael H. Sahn

Firm Represents Owner of Shopping Center in Expansion for Northwell Health Facility

Michael Sahn represented the owner of the Calvert Manor Shopping Center in Seaford in obtaining site plan approval and building permits from the Town of Oyster Bay to renovate the shopping center building and the entire site, including new paving, landscaping, parking, drainage and amenities for Northwell Health's new 33,466-square-foot medical center.

To accommodate the Northwell facility, two free standing pad buildings will be removed, and a new 5,000-square-foot building will be constructed for a hair salon, bagel store and stationery store, all of which are existing tenants in the shopping center.

This was recently reported by Long Island Business News.

Firm Defends The Village of Sands Point Board of Appeals in an Article 78 Proceeding Where the Property Owner Claimed They Had Vested Rights to a Building Permit

The Firm successfully defended the Village of Sands Point Board of Appeals in an Article 78 proceeding brought to reverse the Board's denial of permission to convert a non-conforming accessory structure into a guest house or building.

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Jon A. Ward

SWC Successfully Establishes Access Rights Based on 50-Year-Old State Condemnation Map

Jon A. Ward and Andrew M. Roth have successfully prosecuted a lawsuit on behalf of the owner of a 10.4-acre commercial property in Nassau County against the State of New York and the New York State Department of Transportation over disputed access rights on state land. In granting summary judgment in favor of the Firm's client, the New York State Supreme Court, Nassau County (Commercial Division), ruled that, based on notations on a 50-year-old condemnation map, the Firm's client had an absolute right of ingress and egress to and from

its property over an adjoining 1,000-foot-long strip of State-owned land. The Court further held that the Firm's client was entitled to these access rights, even though the strip of land had never been opened and improved as a public highway, and the State had obstructed access over the strip by stockpiling dirt, rocks and debris on it. "This was a complex real property litigation," said Mr. Roth, "and we are very pleased that the Court agreed with our arguments and ruled in favor of our client, who can now move forward with developing its property with these access rights."

Christian Browne

After a Contentious Three Years of Legal Battles, Firm Obtains Approval for Subdivision Application

After a process that lasted more than three years, the Firm successfully obtained final subdivision approval from the Village of Rockville Centre Planning Board to permit the construction of a six-home subdivision and new public street. Christian Browne represented the developer throughout a contentious approval process that resulted in two separate litigations against the Village. The final approval from the Planning Board allows the developer to file a new subdivision map with the Nassau County Clerk's Office. The developer hopes to break ground on the project this fall.

Zoning Approvals Secured for Newly Acquired Warehouse in Oceanside

Christian Browne and Wayne Edwards jointly represented a private security firm on the acquisition of a 40,000-square-foot warehouse located in an industrial area of Oceanside. The client plans to convert the warehouse into a state-of-the art rifle and pistol range that will primarily serve as a training facility for law enforcement agencies and private security companies. Following the acquisition, the Firm represented the client before the Town of Hempstead Board of Appeals and successfully obtained the zoning approvals required to permit the client to construct the range.

John Farrell

Wendy's Restaurant and Self-Storage Facility Approved in Elmont

John Farrell recently secured approval from the Nassau County Planning Commission for a two-lot subdivision in Bethpage that will allow for the construction of a 116,000-square-foot CubeSmart self-storage facility on the newly created lot. Prior to obtaining the subdivision approval, Mr. Farrell helped secure site plan approval and variances from the Town of Oyster Bay. In a separate matter, the Hempstead Town Board of Appeals granted variances in connection with the demolition and reconstruction of a Wendy's restaurant with a drive-thru located at 199 Hempstead Turnpike in Elmont.

Adam H. Koblenz

Firm Successfully Concludes Long-Running Construction Litigation

Following several years of litigation, Adam Koblenz successfully resolved a case for a construction law dispute of a North Shore Nassau County homeowner. The homeowner had engaged a general contractor in a $500,000 renovation of their two-story colonial. A dispute arose whereby the homeowner alleged negligence and defective work. On the eve of trial, the parties agreed to submit the matter to mediation. At mediation, Mr. Koblenz was able to secure a favorable outcome, resulting in monetary damages being paid to the client.

New Developments in the Law

Elaine M. Colavito

Elaine Colavito's "Bench Briefs" Appears In Suffolk Lawyer

Elaine Colavito's "Bench Briefs" column was published in the June 2019 edition of The Suffolk Lawyer. "Bench Briefs" is a roundup of recent decisions from Suffolk County trial courts.

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Out and About

Daniel Braff

Dan Braff Served on Cohen Children's Circle Golf Classic Planning Committee

Dan Braff served as a member of the Planning Committee for the Cohen Children's Circle Golf Classic, which took place on Monday, August 5 at Fresh Meadow Country Club in Lake Success and Deepdale Golf Club in Manhasset. Mr. Braff is an active member of Cohen Children's Circle, which supports and raises funds for the Child Life Program at Cohen Children's Medical Center.

Firm Sponsors 2019 Marcum Workplace Challenge

Marcum Workplace Challenge

Once again, Sahn Ward Braff Koblenz Coschignano, PLLC was a supporting sponsor of this year's Marcum Workplace Challenge, which was held on July 30 at Jones Beach State Park. A large contingent of the Firm took part in the 3.5-mile run/walk.

Approximately 9,000 participants from more than 200 local companies were in attendance.

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SWC Takes the Field
By Brian Sales

Marcum Workplace Challenge

This summer, Sahn Ward Braff Koblenz Coschignano PLLC participated for the first time in a non-competitive CoEd Summer Mini Softball league organized by ABA Sports Network. The league featured a handful of local businesses in which teams compete over seven weeks playing one doubleheader per week with the top four teams finishing off the season with a mini-playoff series.

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