Firm News

Sam Yedid, co-chair of the Firm's Real Estate Practice Group, has been elected President of the Long Island Real Estate Group (LIREG). LIREG provides the real estate industry and allied trades a platform for real estate-related charitable giving and networking. Since its inception, LIREG has made generous contributions to such organizations as Angela's House, Habitat for Humanity, Haven House/Bridges, Hospice Care Network, North Shore Holiday House, Ronald McDonald House of Long Island, Schneider Children's Hospital and Sunrise Day Camp.

Steven Aptheker and Russell Penzer of the Firm's Litigation Practice Group co-authored an article entitled "Breach of Non-Compete Agreements: Establishing Damages" which was published in the December 2011 edition of the Suffolk Lawyer.

David Lazer, Chairman of the Firm's Litigation Practice Group, was quoted in the New York Law Journal on October 12, 2011 in an article reporting on a July 22, 2011 Nassau County Supreme Court decision. The Firm's client, a major Long Island home furnishings company, sought summary judgment in an action to declare that a former railroad spur easement which ran across its property for the benefit of an adjacent property owner, had been abandoned and was therefore extinguished. The Court awarded summary judgment to the plaintiff, holding that the defendant had performed or acquiesced in the performance of acts inconsistent with the easement which evidenced the defendant's unequivocal intention to abandon the easement.

Robin Abramowitz, a Partner in the Firm's Litigation Practice Group, has been appointed co-chair of the Alternate Dispute Resolution Committee for the Suffolk County Bar Association for the 2011-2012 year.

Martin Semel and William Gartland of the Firm's Corporate and Business Practice group represented a privately held garment manufacturer in the negotiation and closing of a $200,000,000 syndicated loan.

William Gartland of the Firm's Corporate and Business Practice group represented a franchisee in the negotiation and closing of the sale of four Dunkin Donuts franchises.

Robin Abramowitz, a Partner in the Firm's Litigation Practice Group, has been appointed to serve as a Board Member on the St. John's Episcopal Hospital Development Board.

Daniel J. McGrath recently joined the Firm as an associate in the Corporate and Business, Real Estate and Litigation Practice Groups. Mr. McGrath is a 2009 graduate of Notre Dame Law School.

The Firm was a proud sponsor of the 12th Annual Golf and Tennis Outing to benefit the Community Development Corporation of Long Island, a not-for-profit organization that supports Long Islanders pursuing their housing and small business dreams. Scott Feuer, a Partner in the Firm's Real Estate Practice Group, served on the Event Committee and wishes to thank the many clients of the Firm who generously supported this worthy cause with donations and sponsorships. With the help of our clients, the event exceeded its fundraising target by over 30%.

The Firm's debtor/creditor attorneys are currently representing property owners in negotiations and litigations to challenge, modify or otherwise workout over $250,000,000 in financings relating to distressed real estate.

Russell Penzer and Maryam Parvaneh of the Firm's Litigation Practice Group co-authored an article entitled "Effect of Recession on Damage Awards in Employment Cases" which was published in the New York Law Journal on May 3, 2011.

On March 19, 2011, the Firm sponsored its 14th Annual Kings Park 15K Race to benefit families afflicted by brain tumors.

Sam Yedid and Scott Feuer of the Firm's Real Estate Practice Group represented the owner of a 200 unit apartment complex in Coram, New York in the closing of an approximately $24,000,000 refinancing of the project.

Firm partners Robin Abramowitz, Steven Aptheker, David Lazer, Zachary Murdock, Ralph Rosella, Scott Feuer, Matthew Lamstein and Samuel Yedid were named to Pulse Magazine's 2011 "Top Legal Eagles" List of the top-rated attorneys in Nassau and Suffolk Counties.

Russell Penzer and Giuseppe Franzella of the Firm's Litigation Practice Group co-authored an article entitled "Aggressive Defense is Now an Option in Foreclosure Actions" which was published in the New York Law Journal on February 28, 2011.

Jessica M. Moore recently joined the Firm as an associate in the Corporate and Business Practice Group and the Real Estate Practice Group. Ms. Moore is a 2007 graduate of Georgetown University School of Law (J.D.) and a 2010 graduate of New York University School of Law (LL.M. in Taxation).

Steven Aptheker and Russell Penzer of the Firm's Litigation Practice Group co-authored an article entitled "Foreclosure Actions: Is Federal Court a Viable Option?" which was published in the New York Law Journal on January 3, 2011.

Jennifer Silvestro of the Firm's Litigation Practice Group has been promoted to Partner, effective January 1, 2011. Ms. Silvestro was formerly an Associate.

William Gartland of the Firm's Corporate and Business Practice Group has been promoted to Partner, effective January 1, 2011. Mr. Gartland was formerly an Associate.

David Lazer and Russell Penzer of the Firm's Litigation Practice Group successfully represented a group of students from Stony Brook University's Southampton Campus, as well as a not for profit corporation, in an action challenging the University's decision to close the Southampton Campus. On October 20, 2010 Suffolk County Supreme Court entered a judgment annulling the determination to close the Southampton Campus.

On October 1, 2010, the Firm expanded and relocated its Florida office to the 16th Floor at CityPlace Office Tower, a 300,000 square foot Class-A office building on Okeechobee Blvd. in downtown West Palm Beach. The location is viewed as one of the best commercial sites in Palm Beach County, anchoring the "gateway" to Palm Beach, less than 10 minutes from Palm Beach International Airport, a quarter of a mile from I-95 and directly across the street from the Palm Beach County Convention Center. As Ralph Rosella, Managing Partner of the Firm was recently quoted: "We recognize the strong business connection between New York and Florida and look forward to having an increased presence in the South Florida market to capitalize on our strategic alliances. We are confident that our new location will facilitate this, in addition to affording us the opportunity to grow and strengthen our emphasis in the areas of commercial litigation, corporate transactions and real estate."

Eric Horbey recently joined the Firm as an Associate in the Litigation Practice Group. Mr. Horbey is a 2008 graduate of the George Washington University School of Law and former law clerk to the Honorable Arlene R. Lindsay, U.S. Magistrate Judge for the Eastern District of New York.

Amelia Lister recently joined the Firm as an Associate in the Litigation Practice Group. Ms. Lister is a 2006 graduate of the Cornell University Law School.

Joseph Savino, a Partner in the Firm's Litigation Practice Group, recently passed the Florida bar examination and was admitted to practice in the State of Florida.

Harvey A. Nussbaum recently joined the Firm as the managing partner of our newly established Florida office. Mr. Nussbaum has nearly three decades of experience in matrimonial, commercial, real estate and probate litigation. Mr. Nussbaum is a graduate of Washington University in St. Louis, Missouri (B.A., Dean’s List, 1976) and Nova Law School (J.D., 1979) where he was a member of the Law Review.

Russell Penzer and Giuseppe Franzella of the Firm's Litigation Practice Group co-authored an article entitled "Broad Scope May Trigger Catastrophe for the Unwary" which was published in the New York Law Journal on May 12, 2010.

Steven Aptheker and Russell Penzer of the Firm's Litigation Practice Group co-authored an article entitled "Analyzing Securitized Mortgages on Commercial Property" which was published in the New York Law Journal on March 11, 2010.

On September 24, 2009, the Firm was selected to receive the 2009 President's Award from the Greater Long Island Running Club, an annual award presented by GLIRC to the individual or organization that has been most instrumental in support of running, fitness and good health on Long Island during the past year. The Firm is honored to receive this award and proud to support GLIRC's efforts to promote physical fitness on Long Island.

Martin Semel and William Gartland of the Firm's Corporate and Business Practice group represented a privately held garment manufacturer in the negotiation and closing of an approximately $14,000,000.00 acquisition of another privately held garment manufacturer.

Maryam Parvaneh recently joined the Firm as an Associate in the Litigation Practice Group and was admitted to the bar on May 6, 2009. Ms. Parvaneh is a 2008 graduate of Fordham Law School.

Martin Semel and William Gartland of the Firm's Corporate and Business Practice group represented a privately held garment manufacturer in the negotiation and closing of a $30,000,000.00 increase to its existing credit facility.

In a case discussed in the Wall Street Journal on June 25, 2009, Russell Penzer, Partner in the Firm's Litigation Practice Group, recently won a decision in the Appellate Division, Second Department, in a major anti-discrimination action against a Long Island country club. Our client is a member of a club that admitted members based upon a quota system that sought to "balance" the number of Jewish members ("J" members), Christian members ("C" members), those with mixed marriages ("M" members), and those classified as "O" for others. The client challenged this practice as a form of illegal discrimination, noting that persons who would have otherwise gained admission to the club were excluded due to their religion if their admission would upset the club's religious "balance." In an action before the New York State Division of Human Rights, Mr. Penzer successfully argued that country clubs that open themselves to various uses by non-members, as the client's club did, are "places of public accommodation" and, as such, are covered by the state Human Rights Law. These types of clubs, therefore, may not accept or reject members based upon a religious or racial litmus test. The initial decision by an administrative law judge who presided over the hearing on the matter was adopted by the Commissioner of the New York State Division of Human Rights and confirmed by the Appellate Division in February 2009 decision. This case is likely to have far-reaching implications for country clubs in New York State. Any club that permits non-members to use facilities or services in some fashion is now deemed covered by the Human Rights Law. Any such club, therefore, that engages in discriminatory admissions or membership practices no longer has the ability to shield those practices from the requirements of the state's principal anti-discrimination statute.

As reported in the New York Law Journal on March 4, 2009, James Devine and Louis Fiore, Partners in the Firm's Real Estate Practice group, represented RXR Realty in the negotiation of a 35,000 square foot lease for the headquarters of a major Long Island law firm at the Omni Building in Uniondale, New York.

David Lazer of the Firm's Litigation Practice Group recently negotiated a plea arrangement for a criminal defendant charged with Grand Larceny for stealing more than $38,000.00 from a little league baseball program in a much publicized case. The Nassau County District Attorney's Office recommended to the Court a sentence of 1-3 years in state prison. Despite that drastic recommendation, the Firm's attorneys were able to persuade the Court to accept a guilty plea with a sentence of 16 weekends in county jail, plus a term of probation, to which the defendant agreed. Through persistent advocacy, the Firm's attorneys subsequently convinced the judge to eliminate the jail portion of the sentence entirely and instead impose only a probation term, restitution and community service.

David Lazer of the Firm's Litigation Practice Group recently secured a significant judgment for a client against a law firm partnership and its surviving partner, who resides and practices law in Florida. The client loaned money to the partnership at the request of his then-attorney, the New York-based partner in the partnership. After loaning the partnership hundreds of thousands of dollars over several years, purportedly secured by a mortgage on the home of the New York attorney, that attorney committed suicide, leaving an unpaid balance on the client's loans of more than a quarter-million dollars. The client also discovered that the loans were never secured with a mortgage on the attorney's home; the attorney had forged the his wife's signature on mortgage documents, pulled the equity out of his home and spent it for his own ends. The Firm commenced an action in New York State Supreme Court against the law firm partnership for failing to repay the loans. After the defendant law firm defended the case throughout, it failed to appear for trial and a default judgment was obtained. The Firm's attorneys conducted a trial on damages, winning a total judgment for the client in excess of $400,000, including $60,000 in legal fees and costs. Through our Florida office, the Firm converted the client's New York judgment into a Florida judgment in order to pursue the surviving partner in that state.

Steven B. Aptheker, co-founder of the Firm and a Partner in its Litigation and Transactional Practice Groups, recently passed the Florida bar examination and was admitted to practice in the State of Florida.

Giuseppe Franzella, an Associate in the Firm's Litigation and Corporate and Business Practice Groups, recently passed the Florida bar examination and was admitted to practice in the State of Florida.

On March 27, 2008, the Firm won a non-jury verdict in Supreme Court, Suffolk County, on behalf of our client, a chiropractor, in a dispute over a contract for the sale of her chiropractic practice to the purchaser/plaintiff. The plaintiff claimed that our client had breached the restrictive covenant contained in the contract, and sought monetary damages. Our client counterclaimed for damages stemming from the plaintiff's failure to pay the remainder of the note in accordance with the contract. Russell Penzer and Giuseppe Franzella of the Firm's Litigation Practice Group successfully argued before the Hon. Peter Fox Cohalan that the plaintiff did not suffer any damages from the alleged breach and therefore was not entitled to recovery, and that our client was entitled to payment of the note. Justice Cohalan, ruling from the bench, found in favor of our client and denied recovery to the plaintiff.

On October 21, 2007, the new Touro Law Center in Central Islip was dedicated. The Dean announced that the four story atrium at the entrance to the building has been named in honor of Justice Leon Lazer, counsel to the Firm. Justice Lazer is a professor at the Touro Law School and Chair of the Pattern Jury Committee.