Welcome to the Fall/Winter 2011 edition of "Report from Counsel," a Newsletter for the Firm's clients and the other professionals who consult with the Firm, updating them on our practice as well as important new developments in the law.

Matters of Interest at the Firm
 


Seen here are (from left to right) Paul O�Brien, counsel to Nassau County IDA, Michael Sahn, Steven Eickelbeck, Director of Construction Management for AVR Realty, Nassau County Executive Edward Mangano, Allan V. Rose, AVR Realty Owner and CEO, and James L. Coughlan, TRITEC Real Estate Company..

     Michael Sahn took part in a groundbreaking ceremony held on November 28 in Carle Place, where AVR Realty Company is building a new Hilton Homewood Suites Hotel. Michael Sahn handled land use and zoning approvals and Chris Coschignano handled IDA financing for the project on behalf of AVR Realty Company, a longstanding client of the Firm.  Click here for Newsday article.

     The Firm is pleased to continue to serve as Special Counsel to the City of Glen Cove. Michael Sahn, as Counsel to the Glen Cove Planning Board, provided legal representation to the Board in the proceedings resulting in the approval of the Glen Cove Village Piazza project. The site plan and special permit applications were approved in a meeting on August 10th for the complete reconstruction of the City�s downtown into a European-style plaza, offering ground-level retail stores, space for professional firms, balcony apartments, and walkable public space. The $60 million mixed-use development project will feature 142 rental units, 27,632 square feet of retail space and ample parking space. To read news coverage about the Village Piazza, click here for a Newsday article. We are pleased to continue to be involved with the City�s forward-thinking leaders as the City prepares for its future.

     The Firm�s Litigation Department continues to expand under Jon A. Ward�s supervision and leadership. In recent months, the Firm has handled highly complex commercial matters involving cutting edge areas of the law, which include, a potential class action lawsuit, which involves arbitration issues under the Federal Arbitration Act that have been the subject of recent rulings by the United States Supreme Court; securities litigation implicating breach of fiduciary duty claims involving creditors; Federal Fair Labor Standards Act and New York Labor Law claims; partnership disputes regarding voting agreements; construction law and lateral support; adverse possession; complex mortgage foreclosures and environmental contamination.

     The Firm is pleased to serve as Special Counsel to the Board of Trustees of the Village of East Hills in the adoption of amendments to the Village Code relating to new zoning and land use restrictions for the former site of the Pall Corporation, which is located on Northern Boulevard. Steel Equities, a major Long Island-based developer, is redeveloping the site as a business and medical office building to be known as the East Hills Business Park. Michael Sahn and Jason Horowitz have worked closely with the Village�s Mayor and Board of Trustees, the Village�s land use planning and environmental consultants, and the developer�s counsel and consultants in this complex project that involved writing a new zoning classification for the Village Code, adopting amendments to the Code to recognize the premises to this classification, the review of the project under SEQRA and site plan approval for the project.

     Dan Braff continues to serve as land use and zoning counsel on numerous projects in New York City. Dan recently filed an application for variances with the New York City Board of Standards and Appeals for a new house of worship in Queens, New York. In the second year of his appointment, Dan also continues to serve as a committee member on the Land Use Planning and Zoning Committee of the New York City Bar Association. In this role, Dan�s committee has released a discussion paper entitled �Further Utilizing the Zoning Resolution to Create a More Sustainable New York City, Better Prepared to Adapt to Climate Change�, which was �designed to advance the dialogue of how the Zoning Resolution can be amended to shape a more sustainable New York City, better prepared to adapt to climate change.� To read the discussion paper, click here.

     Jon Ward and Erik Zaratin recovered a $2.9 million money judgment on behalf of a client who was defrauded by an elaborate, multi-million dollar, real-estate investment Ponzi scheme.

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Table of Contents

Cover Page

New Developments at the Firm

New Developments in the Law

Directors and Officers Liability and the Fiduciary Duty Owed to the Corporation and its Shareholders Under New York Law

�Greening� New York State and Local Building Codes

Even Substantial Area Variances Are Warranted Under The Statutory Balancing Test When There Is No Detriment To The Surrounding Community

Matters of Interest at the Firm

Out & About

Up Close & Personal

In Memoriam

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Firm Partners

Michael H. Sahn
msahn@swcblaw.com

Jon A. Ward
jward@swcblaw.com

Chris J. Coschignano
ccoschignano@swcblaw.com

Daniel J. Baker
dbaker@swcblaw.com

 Miriam E. Villani
mvillani@swcblaw.com

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