LLA Files Challenge to Industrial Dev. Agency Financial Assistance to Residential Apartment Project
The Firm challenged a recent resolution of the Town of Hempstead Industrial Development Agency to grant industrial development agency benefits under N.Y. General Municipal Law Article 18-A to a proposed 336 unit residential apartment complex. The Article 78 proceeding was filed on behalf of six prominent Village of Hempstead residents on the ground that an industrial development agency does not have the legal authority under New York law to grant financial assistance to a residential apartment building project. Steven M. Lester of the Firm stated: "This proceeding challenges the industrial development agencies' longstanding but unlawful practice of granting significant tax benefits to projects that do not further statute's objective of promoting commerce and industry, and creating jobs. In fact, the specific project challenged here would grant the developer over $20 million in tax benefits for the creation of only 11 full-time jobs. Neither the Village of Hempstead nor the Hempstead School District can afford such a large reduction in taxes for so little economic activity generated by the proposed residential apartment complex." In the Matter of Donald L. Ryan, et al. v. Town of Hempstead Industrial Development Agency, et al., Index No. 005324-2016 (Sup. Ct., Nassau). (See Notice of Petition and Petition and Points of Law).
On Saturday, November 12, 2016, Joseph F. Bilotto, Esq. of La Reddola, Lester & Associates, LLP attended the Flushing Immigration Fair at the Taiwan Center, located at 137-44 Northern Blvd., Flushing, New York.
New Tang Dynasty TV and The Epoch Times co-sponsored this event, which was attended by approximately 250 members of the local community. The event was highly successful and the firm was able to connect with many individuals seeking legal representation in their business efforts in the Flushing community. Visitors to LLA's table inquired about a wide range of matters, from business sales and asset management to real estate sales, leases and closings. The full scope of the firm's services were advertised in both English and Chinese. The firm has a history of representing businesses in the Flushing community. Mr. Bilotto was able to address all questions through the use of a Chinese-language interpreter, who provided additional information about the firm and its services in the native language of the attendees.
La Reddola, Lester & Associates, LLP is greatly looking forward to working with its new friends and partners in the Flushing community and will be participating in similar events in different communities in the coming months. Flushing is an up and coming neighborhood in Queens, and LLA is proud to be a part of that growth.
Court denies Nassau County's Request for Reconsideration and Supports Prompt Return of Firearms: A decision came down today from Hon. Joan M. Azrack, U.S.D.J. in the matter of Christine Panzella v. County of Nassau, et al., denying Nassau County's motion for reconsideration of the Court's August 26, 2015 Memorandum and Order for summary judgment, and supporting the prompt return of firearms where continued retention by Nassau County Sheriff is without any authority and County does not sue for forfeiture of the property. Panzella v. County of Nassau. The decision cited the cases of Krimstock v. Kelly and Razzano v. County of Nassau, another case by this firm.
La Reddola Lester Obtains Preliminary Injunction Preventing Clients’ Eviction from Business Premises They Owned and Occupied for 25 Years Pending Resolution of Dispute over Validity of Treasurer’s Deed
The Firm’s clients were faced with imminent eviction and the loss of its gasoline service station business and the commercial property on which they owned and operated for 25 years after it lost the property to a Treasurer’s Deed for the failure to redeem a real estate tax lien. In granting the Firm’s clients’ motion for a preliminary injunction to stay the eviction proceeding against them, the Court found that the “clearest factor in favor of Petitioners is the irreparable injury that will result to the gasoline and car repair business that has been built up over the years if Petitioners are evicted.” On the Firm’s clients’ likelihood of success on the merits that two of the occupants of the property were not served with the notice to redeem the tax lien as required by law, the Court noted that the tax lien holder “admits that he did not serve [two property occupants], despite the requirement of Nassau County Administrative Code § 5-51.0(a) that “occupant(s)” be served.” Konstantinos Paliogiannis, et al. v. Yousef Habibian, d/b/a Frontpage Investments, et al., Index No. 8931/2015 (Sup. Ct. Nassau).
LLA Preserves Client's Breach of Contract Claim Against Successor Corporate Entity: The Firm's client was faced with a motion to dismiss its breach of contract claim based on an alleged general release and a claim that the Defendant was not the corporation that entered into the agreement with the Firm's client. The Court denied Defendant's motion, holding that the release proffered by Defendant listed only four of 12 job sites at issue, and that the Defendant's website promoted that it had over 25 years; of experience, when Defendant claimed in its court papers that it was incorporated only three years ago. DRDC, Inc. v. Canido Basonas Construction Corp., f/k/a Basonas Construction Corp., Index No. 60522/2015 (Sup. Ct. Nassau).
In a fraudulent conveyance lawsuit involving the sale of a car wash business, the firm obtained a rare ex parte temporary restraining order to freeze Defendants’ bank accounts containing the fraudulently transferred funds. Through relentless discovery and from a series of bank subpoenas, the firm was able to obtain the bank records proving the fraudulent conveyances at the outset of the lawsuit. Once the Defendants’ bank accounts were restrained, the Defendants were forced to settle the law firm’s client’s claims on terms favorable to our client within three weeks of commencing the lawsuit. Middle Country Autospa, LLC v. Keith Kaplan and Flossboy Detail, Inc., Index No. 006852-2015 (Sup. Ct. Nassau)
September 1, 2015:
New York Law Journal Article:
County ordered to commence, within 30 days, a due process hearing on the return of confiscated rifles and shotguns; burden is on the County and not on the gunowner. See Panzella v. County of Nassau
Reform to Anonymous 311: There is an effort to enact reform to the anonymous 311 complaint process in NYC to screen out repeated anonymous unfounded complaints. The Legislation is sponsored by Minority Leader Steven Matteo and deserves the support of both owners and builders. A location may be designated as "harassed" on the 311 database, if the property is the subject of three or more unfounded complaints in six months. This would assist the Building Department in accessing the merits of the complaint prior to assigning investigators, and would be a great help at OATH review. While 311 is the world all contractors now live in, it would be a help to recognize that some complaints can be misused to harass.
Recently, New York State has released records to the FBI for inclusion in their National Instant Background Check System used for firearms purchases. Numerous individuals had information that might be erroneous transmitted, and are now unable to purchase a firearm, shotgun or rifle. There is a procedure to correct this information. If you were affected by the release of records, please contact this firm to discuss your options.