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Bleakley Platt & Schmidt at the Columbian Lawyers Association of Westchester’s Annual Gala

Featured (left to right): James Ausili, Lino Sciarretta, Christine Kager, Katherine Krahulik, and Susan Galvão, as well as Stephen Dorsainvil of our accounting department.

Bleakley Platt & Schmidt is proud to have sponsored and attended the Columbian Lawyers Association of Westchester’s Annual Gala at Glen Island last Friday. We congratulate Angie D’Agostino, Esq., Dean for Student & Campus Affairs at Elisabeth Haub School of Law at Pace University, on receiving The Honorable Richard J. Daronco Distinguished Service Award for her contributions to the study of law.

Six BPS team members were in attendance.

Father and Son Distributors Appeal Order Compelling Arbitration in Case Challenging Retaliatory Termination by Largest Tortilla Manufacturer

White Plains, NY – Bleakley Platt & Schmidt, LLP (White Plains, NY) and Public Justice (Washington, D.C.) represent Charles L. Adler, Grant Adler, and C.M. Adler, LLC, in an appeal before the U.S. Court of Appeals for the Third Circuit. The appeal follows the dismissal of the Adlers’ federal and state law claims against Gruma Corporation by the U.S. District Court for the District of New Jersey, which compelled arbitration in a dispute over Gruma’s termination of the Adlers’ distributorship.

For years, Charles Adler and his son Grant ran a New Jersey distribution route for Gruma Corporation through Charles’ solely owned company. Gruma, which owns popular brands like Mission Foods, is the world’s largest tortilla manufacturer. Though Gruma exercised significant control over the Adlers’ work, it denied them the protections typically given to employees or independent franchisees. After the Adlers (and other distributors) consulted with legal counsel regarding their rights, Gruma terminated their route. Represented by Stephen J. Brown, Esq., of Bleakley Platt & Schmidt, LLP, the Adlers filed suit, alleging that Gruma’s termination was retaliatory. They claim that Gruma violated several federal and state laws, including the Fair Labor Standards Act, the New Jersey Wage Payment Law, New Jersey Wage and Hour Law, and the New Jersey Franchise Practices Act. Instead of answering the claims on the merits, Gruma moved to compel the Adlers into arbitration. The District Court granted the motion to compel arbitration and dismissed the Adlers’ case.

The Adlers have appealed to the U.S. Court of Appeals for the Third Circuit. They are represented on appeal by Stephen J. Brown of Bleakley Platt & Schmidt, LLP, and Hannah Kieschnick of Public Justice. Kieschnick presented argument to the Third Circuit on November 6, 2024. The outcome of this appeal could set important precedent regarding arbitration agreements and their impact on access to justice and statutory protections for small business owners and workers like the Adlers.

“These federal and state laws were designed to level the playing field between the little guy (the Adlers) and the giant multi-national corporation (Gruma),” said Brown. “This case and the important issues raised on appeal challenges an arbitration ruling that threatens to erode those protections which provide access to the court system under both state and federal law.”

“This case raises critical issues for workers nationwide, not just about fair treatment under the law but also about their ability to access courts to vindicate their rights,” added Kieschnick. “Public Justice is committed to ensuring that hardworking folks like the Adlers are not forced into arbitration processes that undermine important statutory and constitutional protections.”

The case is Charles Adler, et al. v. Gruma Corporation, et al., No. 23-3177 (3d Cir.). Audio of the November 6 oral argument can be found here.

About Bleakley Platt & Schmidt, LLP
Bleakley Platt & Schmidt, LLP, is a full-service law firm based in White Plains, New York, with a long history of successfully representing clients in complex litigation. Learn more about the firm at www.bpslaw.com. Stephen J. Brown is a partner at the firm with extensive experience representing route distributors in critical actions protecting distributors’ statutory and constitutional rights from management overreach.  Mr. Brown’s practice includes commercial, trust and estate and guardianship litigation in state and federal courts. His bio can be found here.

About Public Justice
Public Justice is a national nonprofit organization dedicated to high-impact litigation aimed at promoting access to justice, combating corporate and governmental abuses, and advancing fairness in the legal system. Learn more at www.publicjustice.net. Hannah Kieschnick is as a staff attorney in the Access to Justice Project. She litigates high-impact cases with the goal of making the civil court system a fair and effective tool for those with less power to win just outcomes and hold those with more power accountable. Hannah’s full bio can be found here.

Four Bleakley Platt & Schmidt Attorneys Named Among “Westchester’s Best Lawyers in 2024.”

Bleakley Platt & Schmidt, LLP is proud to announce that four of our attorneys have been named to Westchester Magazine’s list of “Westchester’s Best Lawyers in 2024.” Each year, the publication assembles a Who’s Who of the County’s top legal talent – and each year, BPS attorneys are among them.

This year’s BPS honorees are:

Frances M. Pantaleo – Elder Law
Joseph DeGiuseppe Jr. – Labor Law (Management)
Nancy J. Rudolph – Trusts and Estates, and Litigation – Trusts and Estates
Zaina Khoury – Ones to Watch, Health Care Law

Congratulations Fran, Joe, Nancy, and Zaina! You continue to make the Firm proud!

Robert Braumuller to Take Part in Cybersecurity Panel at April WCA Presentation

On April 3, 2024, Robert Braumuller, a member of Bleakley Platt’s Information Technology & Cyber Security Practice Group, will be featured on a three-person All Access Healthcare panel, Cybersecurity: Impact on Healthcare, sponsored by the Westchester County Association.

The panel will discuss cybersecurity and proposed New York Hospital Cybersecurity Regulations in the context of increasing cyberattacks on health care providers by nation-state actors and other cybercriminals. On February 21 of this year, for example, Change Healthcare, a health care clearing house which normally processes fifteen billion healthcare transactions per year, was subject to a ransomware attack by BlackCat/ALPHV, a cyber-crime group believed to operate from Russia. The attack has frozen billions of dollars in payments to health care providers throughout New York and the United States. This session will discuss cybersecurity vulnerabilities and ways to defend against them.

This program will be held Wednesday, April 3 from 8:00 am – 10:00 am at 360 Hamilton Ave., White Plains, New York.

Registration is required.

A continental breakfast and networking will precede the panel.

John Diaconis to Present on Insurance Mediation at April NYSBA Meeting

Partner John Diaconis, a member of Bleakley Platt’s Insurance Law Practice Group, will be featured on a four-person panel presenting Mediating a Third-Party Insurance Claim Where the Insured and the Insurer Are at Odds at a joint meeting of The NY State Bar Association Dispute Resolution Section’s Mediation and Insurance Dispute Committees.

The panel will discuss situations in which:

• The insurer asserts that it does not cover all claims and wants the insured to monetarily participate in the settlement
• The insurer states that there are strong legal arguments to be made and wants the litigation to proceed, but the insured does not
• The insured wants to settle the claim late in the mediation day at the negotiated amount, but the insurer insists that the cost is too high and refuses
• The insurer wants to settle the claim, but the insured objects due to their own business reasons

This complimentary informational program will be held Monday, April 1 from 6:00 pm – 7:00 pm at the American Arbitration Association office at 150 East 42d Street, 17^th fl. New York, New York.

The discussion will be followed by networking and a cocktail reception.

The presentation will be available in person and remotely, via Zoom. Registration is necessary for either option.

Partner John Diaconis Authors Chapter of Insurance Law Practice

Bleakley Platt & Schmidt partner John Diaconis has authored a chapter of the third edition of Insurance Law Practice, to be published by the New York State Bar Association. Chapter 37 summarizes basic provisions of New York law that bear on duties and liabilities of insurance brokers and agents while discussing the distinctions among them. Additional topics include case law that addresses the respective duties and responsibilities of brokers and agents, E&O claims that can be asserted against them, and defenses under New York law.

Bleakley Platt & Schmidt congratulates John and excitedly awaits the publishing of this latest edition of Insurance Law Practice.

Bleakley Platt & Schmidt Sponsors the 35th Annual Dinner for Westchester Catholic Schools

Bleakley Platt & Schmidt was honored to sponsor the 35th Annual Dinner for Westchester Catholic Schools last month at Manursing Island Club in Rye, New York. It was a fantastic fundraiser in support of the Inner-City Scholarship Fund.  

This year’s proceeds from the event will benefit scholarships, enrichment opportunities, and technology enhancements in the Central Westchester and Northern Westchester-Putnam Catholic school regions. 

BPS Partner Jim Glatthaar Presents Landlord-Tenant Update

On October 27, 2022, Bleakley Platt partner Jim Glatthaar co-taught a two-hour continuing legal education class for Judicial Title to update other practitioners on Landlord-Tenant law in New York. During the past 3 years, the practice of Landlord-Tenant law changed drastically, first with the Housing Stability and Tenant Protection Act of 2019, then with a series of pandemic induced changes, including Governor’s Executive Orders, NY Chief Administrative Judge’s Administrative Orders, the Tenant Safe Harbor Act of 2020, the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020, extensions of eviction and foreclosure moratoria and Court decisions from the U.S. Supreme Court to Federal District Courts to City and Justice Courts where most Landlord-Tenant practice takes place. Mark Guterman of Lehrman, Lehrman & Guterman, LLP also co-taught the CLE class

The CLE class was conducted on Zoom with over 350 people, mostly attorneys, in attendance. Topics covered by Mr. Glatthaar included an analysis of Court decisions raising constitutional challenges to various forms of rent control, rent stabilization, and tenant protection laws; the effect of the end of eviction and foreclosure moratorium; local government attempts to interject themselves into Landlord-Tenant law; and a proposed law which would limit the rights of landlords to evict tenants unless the landlords allege and establish “good cause” for the evictions.

Bleakley Platt & Schmidt Supports Rockland Meals on Wheels

Bleakley Platt & Schmidt is proud to be a part of this year’s Meals on Wheels Cornucopia, a delicious event for a worthy cause. The Hudson Valley’s best chefs gather yearly to prepare dinner for Meals on Wheels’ generous supporters whose contributions earn them a seat at one of twenty tables, each assigned to a different chef who prepares a unique meal for the attendees. Funds raised through the dinner allow the organization to continue feeding those in need.

The Firm also congratulates the 2022 Meals on Wheels Honorees:
Paul Paciello – Helmar Incorporated
George Hoehmann – Supervisor, Town of Clarkstown

To learn more about this special event, click here.
https://mowrockland.org/cornucopia2022/

914 Inc. Names Zaina Khoury to “Ones to Watch” List of Best Lawyers Issue

Bleakley Platt & Schmidt is pleased to announce that 914 Inc. has named associate attorney Zaina Khoury to the “Ones to Watch” list for the category of Health Care Law in the publication’s Best Lawyers issue. Ms. Khoury is a member of the Firm’s Health Care Litigation, Health Law, and Corporate Law practice groups and possesses extensive experience in representing diverse medical industry clients on health care regulatory and transactional matters. Congratulations Zaina!

Bleakley Platt & Schmidt’s Litigation & Appellate Teams Continue their Success

Bleakley Platt & Schmidt’s litigation and appellate attorneys have been successfully arguing cases since 1937. As a general practice law firm with more than 25 practice areas, our litigation and appellate attorneys can call on the expertise of other practice groups to provide first-rate legal guidance to clients.

Our clientele include local, national, and international companies, as well as sophisticated individuals and several municipalities. We engage in matters ranging from commercial, construction, medical, real estate, intellectual property, product liability, toxic tort and beyond.

The firm also handles civil and criminal appeals at all levels of federal and state practice. Our extensive appellate experience provides a critical edge at each stage of litigation.

Our recent results speak for themselves.

In February 2022, partner Lino Sciarretta and associate Daniel Fix prevailed in a construction/land use dispute. New York’s Appellate Division, Second Department, issued a trio of rulings that cleared the way for construction of an assisted living facility that was being challenged by local civic associations. Our team successfully argued all three appeals.

Also in February, partner Robert Meade secured victory in the New York State Court of Appeals, the State’s highest court. The Court affirmed a favorable decision of the Appellate Division, First Department, for our client, in a dispute involving a $1 million life insurance policy. The trial court had ruled against our client, but Mr. Meade successfully argued for a reversal at the Appellate Division, and the Court of Appeals majority affirmed, over a two judge dissent. Read the opinion here.

In December of 2021, Chairman William P. Harrington and partner Adam Rodriguez successfully obtained the dismissal of a $2 million defamation case amongst rival cell phone companies. We argued among other things that the complaint against our client should be barred on account of New York’s single instance rule. The New York Supreme Court, Commercial Division, agreed with our arguments and dismissed the plaintiff’s complaint against our clients in its entirety.

In November 2021, Harrington and Rodriguez also successfully defended in federal court the dismissal of a $50 million fraud case among former partners in an international shipping company. The District Court granted our motion to dismiss, but the plaintiff appealed to the U.S. Court of Appeals for the Second Circuit. After appellate briefing and oral argument, the Second Circuit affirmed the District Court’s Order. You can read the decision here.

Bleakley Platt & Schmidt continues to provide litigation and appellate guidance and services to clients and communities as we have done for more than 85 years. Click here to learn more about the services our Firm offers or contact our offices at (914) 949-2700.

Bleakley Platt & Schmidt, LLP Announces Sara Keating as New Partner

Bleakley Platt & Schmidt, LLP Announces Sara Keating as New Partner 

WHITE PLAINS, NY—Bleakley Platt & Schmidt is proud to announce Sara L. Keating, Esq. as as the Firm’s newest partner.  Keating will be a member of the Elder Law and Trusts and Estates Practice Groups. 

Prior to joining Bleakley Platt & Schmidt, Keating served as a partner and the principal attorney at her own law firm. Her achievements include being a former Co-Chair of the Elder Law Committee of the Westchester Bar Association and former Vice-Chair of the Medicaid and Guardianship Committees for the New York State Bar Association Elder Law and Special Needs Section. She’s also delivered several presentations in her field of expertise and serves as a personal and property needs guardian for several wards. 

Keating achieved Magna Cum Laude honors while earning her law degree from Quinnipiac College School of Law and is admitted to practice law in New York, Connecticut, and the U.S. District Court Southern District of New York. Sara has previously worked with clients in New York City as well as Westchester, Rockland, Orange, and Putnam counties in New York. She is a member of several professional organizations including the New York State Bar Association and the bar associations of both Westchester and Rockland Counties. She also serves as treasurer for the New York Chapter of the National Association of Elder Law Attorneys and is a member of the Elder Law and Special Needs Section and the Trusts and Estate Section. 

Sara brings an extensive professional background to BPS, enhancing the Firm’s growth trajectory in the New York Metropolitan Area. 

Bleakley Platt & Schmidt, LLP 

Bleakley Platt & Schmidt, LLP is Westchester’s preeminent law firm, with a more than 85-year legacy of providing superior legal counsel to residents and businesses of Westchester and Rockland Counties, as well as the entire Hudson Valley and Fairfield County, CT. To learn more about the Firm’s services, visit www.bpslaw.com, or contact its offices at (914) 949-2700. 

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Bleakley Platt & Schmidt Proud to Support Return of AOH St. Patrick’s Day Parade to Rockland County

After two years of canceled events due to the COVID-19 pandemic, the Rockland County Ancient Order of Hibernians (AOH) helped bring joy back to the Hudson Valley on Sunday, March 20th with the return of its St. Patrick’s Day parade – the second-largest in New York State!

Bleakley Platt & Schmidt, LLP Announces David S. Handsman as Newest Partner

Bleakley Platt & Schmidt, LLP Announces David S. Handsman as Newest Partner

WHITE PLAINS, NY—Bleakley Platt & Schmidt, LLP is happy to announce David S. Handsman, Esq. as the Firm’s newest Partner. Handsman joins the Firm’s Real Estate and Commercial Finance practice groups.

Handsman’s field of expertise lies in commercial office and retail leasing, real estate financing, acquisitions, divestitures, and operating agreements. Handsman was recognized as a Super Lawyer in 2020 and 2021, showcasing his high degree of peer recognition and professional achievement. He is a member of the New York State Bar Association’s Commercial Leasing Section.

Handsman graduated from George Washington University before later earning his law degree from the New York Law School and is admitted to practice law in the state of New York. Prior to joining the Firm, Handsman represented real estate developers, owners, not-for-profit companies and operators of real property in various parts of the Northeastern region of the United States.

David brings more than 30 years of experience and knowledge to Bleakley Platt & Schmidt, strengthening the firm’s real estate practice and boosting the Firm’s growth.

Bleakley Platt & Schmidt, LLP

Bleakley Platt & Schmidt, LLP is Westchester’s preeminent law firm, with a more than 85-year legacy of providing superior legal counsel to residents and businesses of Westchester and Rockland Counties, as well as the entire Hudson Valley and Fairfield County, CT. To learn more about the Firm’s services, visit www.bpslaw.com, or contact its offices at (914) 949-2700.

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Bleakley Platt & Schmidt, LLP Opens New Rockland County Office

Bleakley Platt & Schmidt, LLP, a Westchester-based law firm with a history spanning more than eight decades, has opened its first Rockland County office.

Bleakley Platt Partner Lino Sciarretta Obtains Significant Land Use Rulings in New York’s Appellate Division

Good things come to those who persevere.

Since 2014, BPS partner Lino Sciarretta has represented Formation-Shelbourne Senior Living Services in connection with its plan to construct an assisted living facility in the Town of Greenburgh, New York. The plan was met with fierce opposition by various civic associations, as well as by the Greenburgh Fire District (“GFD”), but after an approval process that spanned more than three years the necessary permits and approvals were obtained. Then came the litigation.

Partner Susan Galvão Joins Board of Visitors at Elisabeth Haub School of Law

Bleakley Platt & Schmidt congratulates managing partner Susan Galvão on joining the Board of Visitors of her alma mater, Elisabeth Haub School of Law at Pace University, where she is also a member of the Women & the Law planning committee. To read more about Susan’s involvement with the Law School and to learn about its Board of Visitors, click here.

Partner Jim Glatthaar Presenter at Well-Attended Landlord-Tenant Law CLE

Last month, Bleakley Platt partner Jim Glatthaar was one of two presenters of a 2-hour CLE webinar sponsored by Judicial Title Insurance Agency LLC, entitled “The Everchanging State of Landlord-Tenant Law: Where Do We Stand Today?”

Partner Jim Glatthaar Featured in Habitat Magazine

Bleakley Platt partner Jim Glatthaar is featured in the November 2021 issue of Habitat Magazine, a print and on-line magazine for the members of cooperative and condominium boards.  In the November issue, Jim discusses the importance of boards being proactive when addressing property repairs which cause damage to residents’ property and which cause the residents to vacate their apartments for extended periods.

Harrington & Rodriguez Obtain Dismissal of $50 Million Fraud Case

Chairman William P. Harrington and Partner Adam Rodriguez recently upheld a dismissal in a fraud case among former partners in an international shipping company.

Bleakley Platt & Schmidt Sponsors GAA Golf Outing and Supports Gaelic Heritage

Bleakley Platt & Schmidt LLP is proud to support our client, the Rockland Gaelic Athletic Association (the “GAA”), and to have served as a sponsor at their golf outing held on September 22, 2021, at the Blue Hill Golf Course in Pearl River, New York. The GAA is well-known in Rockland County, as well as internationally, for its tremendous work promoting Irish culture and heritage through the teaching and playing of traditional Gaelic games and hosting community events showcasing traditional Irish music, song, and dance. The GAA began operating in Rockland in 1972 and is home to over 850 playing members from ages 6 to adult and fields over 20 teams playing football, hurling, ladies’ football, and camogie. In 2017, the GAA opened its state-of-the-art clubhouse and pavilion next to its playing fields in Orangeburg, New York. In addition, the GAA and its members routinely give back to the local community and can be counted upon to support those in need through their various charitable endeavors.

Pictured below are photos of the sponsorship signs from the golf outing, the GAA clubhouse, and Bleakley Platt attorney John W. McGowan, who serves as general counsel to the GAA, along with other participants in the golf outing (last photo courtesy of the GAA).

Harrington & Rodriguez Secure Dismissal of Defamation Case

Chairman William P. Harrington and Partner Adam Rodriguez recently secured a complete victory in a defamation case among rival cell phone companies.

The plaintiff, Red Pocket Inc., alleged that our clients US Mobile and its founder/CEO made defamatory comments about Red Pocket on a mobile phone services podcast, and sought $2.5 million in damages.

We filed a motion to dismiss, arguing that the Complaint should be dismissed because Red Pocket failed to plead a statement that is defamatory on its face. In addition, we argued that the Complaint was barred under New York’s single instance rule. Under the rule, language charging a plaintiff with ignorance or mistake on a single occasion only, and not accusing general incompetence, or lack of basic integrity or creditworthiness, cannot be considered defamatory on its face and so is not actionable unless special damages are pleaded.

In a thorough decision, Judge Linda S. Jamieson of the N.Y. Supreme Court Commercial division agreed with our arguments, and dismissed the complaint filed against our clients in its entirety.

Mr. Harrington

Mr. Harrington is Chairman of the Firm’s Executive Committee. He is the head of the Litigation and Toxic Tort/Complex Litigation Practice Groups. Mr. Harrington is an experienced trial attorney who has represented Fortune 500 companies in criminal, commercial, environmental, civil rights, real estate, gaming and employment discrimination matters. His clients have included major oil companies, pharmaceutical companies, hospitals, racetracks/casinos, financial institutions and significant regional companies in all aspects of complex environmental, toxic tort and commercial litigation. Mr. Harrington also represents both municipalities and developers in all phases of land use development and related litigation.

To read Mr. Harington’s attorney profile, click here.

Mr. Rodriguez

Mr. Rodriguez focuses his practice in the areas of commercial litigation, municipal law, intellectual property and real estate. He currently serves as the Yorktown Town Attorney, acting as legal counsel to the Town, its elected officials, department heads, and its various boards. Before joining Bleakley Platt, Mr. Rodriguez was the Director of Real Estate for Westchester County, where he negotiated complex commercial real estate transactions valued at over $100 million. Prior to his appointment as Director of Real Estate, Mr. Rodriguez defended the County of Westchester in one of the highest-profile HUD enforcement actions in United States history. He has also served as a law clerk to two federal judges, and worked as a litigator at a large law firm in New York City.

To read Mr. Rodriguez’s attorney profile, click here.

Special Needs Planning and Guardianship for Persons with Intellectual and Developmental Disabilities

Wednesday, July 21st

10:00 – 11:00

Register for this FREE webinar for Seniors & their Families

Registration URL http://bit.ly/WestSpecialNeeds

(Dial-in by phone also available; numbers obtained on registration or by calling and leaving a message for Paul at 914.231.3227)

Are you the parent or grandparent of a child with an intellectual or developmental disability such as autism? This workshop will provide an overview of the legal and financial steps to access critical supports and government benefits. Topics covered will include guardianship proceedings in Surrogate’s Court, government benefits for individuals with disabilities and the estate planning that must be done to protect an inheritance or lawsuit settlement for people with disabilities.

Planning is empowerment. Learn about the steps that will provide you with peace of mind that you have done everything in your power to secure for your loved one’s future needs.

Speaker: Frances M. Pantaleo, Esq., Bleakley Platt & Schmidt, LLP Limited to first 100 participantsContact: bruce@marketingsense2.com

Click here to view/download the PDF with the information for this event.

Bleakley Platt & Schmidt, LLP Pleased to Announce the Hiring of Two Associates

WHITE PLAINS, NY—Bleakley Platt & Schmidt is happy to announce that Kadeen Wong, Esq. and Gina Nicotera, Esq. have joined the Firm as associates. Kadeen Wong is part of the Firm’s Elder Law and Special Needs Practice Group as well as its Trusts and Estates Practice Group. Gina Nicotera is a member of the Firm’s Labor and Employment Practice Group.

Prior to joining the Firm, Kadeen Wong worked in law firms located in White Plains and New York City. She earned her law degree from Elisabeth Huab School of Law at Pace University and is admitted to practice law in both New York and New Jersey. Her accomplishments include various publications and a wealth of speaking engagements in her field of expertise. She is also rated a Super Lawyers Rising Star.

Gina Nicotera worked in law firms located in New York City and White Plains, where she focused her practice in employment litigation and counseling. Gina earned her law degree from Pace University School of Law and is admitted to practice in New York, New Jersey, U.S. District Courts for the Southern, Eastern and Western Districts of New York and U.S. Court of Appeals for the Second Circuit. She is a member of several professional organizations, including the Federal Bar Council: Section on Labor and Employment, New York State Bar Association: Section on Labor and Employment, Columbian Lawyer’s Association and Young Professionals Business Network. Nicotera is also a member of the non-profit America Needs You: New York Associate Board, an organization that fights for economic mobility for first-generation college students.

Gina and Kadeen have outstanding professional backgrounds, which advance the Firm’s growth trajectory in the Westchester County business community.

Bleakley Platt & Schmidt, LLP

Bleakley Platt & Schmidt, LLP is Westchester’s preeminent law firm, with a more than 85-year legacy of providing superior legal counsel to residents and businesses of Westchester and Rockland Counties, as well as the entire Hudson Valley and Fairfield County, CT. To learn more about the Firm’s services, visit www.bpslaw.com, or contact its offices at (914) 949-2700.

How Our Litigation Attorneys Serve the Greater New York Area

Since 1937, Bleakley Platt & Schmidt has provided our clients and the community quality legal services. We represent clients from New York City through the Hudson Valley and beyond, leveraging decades of experience to achieve first-rate results.

Our years of experience and success speak for themselves, particularly in litigation practice for both local and national businesses. Our litigation practice areas include commercial litigation, construction, environmental, personal injury, product liability, toxic tort, and more. We also provide counsel on litigation avoidance as well as pre-litigation advice. We have supervised and managed a wide array of complex cases and can call upon other practice groups in our organization for their expertise.

Bleakley Platt & Schmidt Partner Frances Pantaleo to Talk on Special Needs Planning

Bleakley Platt & Schmidt is proud to announce that partner Frances Pantaleo will give a presentation on special needs planning this Tuesday, April 27th at noon. The program will be hosted by Women in Wealth of Stamford and can be accessed by Zoom Meeting ID: 982 0435 4472 or joined by Phone: US: 929-436-2866.

Women in Wealth of Stamford is a group of Morgan Stanley female financial advisors who have come together to help other women achieve their financial goals through education and engagement. Frances Pantaleo, as head of Bleakley Platt & Schmidt’s Elder Law and Special Needs Practice Group, will be providing a wealth of education on special needs planning that can benefit both children and adults with special needs. Pantaleo is a former law professor and former Chair of the Elder Law and Special Needs Section of the New York State Bar Association. She handles a broad range of estate planning with a special emphasis on Medicaid planning, supplemental needs trusts, and guardianship proceedings.

Bleakley Platt & Schmidt Advances SUEZ Water New York to Site Development Plan Review

Bleakley Platt & Schmidt’s Lino Sciaretta represents SUEZ Water New York Inc. (SWNY) as land use counsel in connection with the relocation of its headquarters from 360 West Nyack Road, West Nyack, NY to 162 Old Mill Road in Rockland County. SWNY currently occupies 162 Old Mill Road as its operations center. The operations center houses construction, administration, management, and customer support staff. Further, the site accommodates customers and developers seeking to pay their bills, apply for service, or modify water services. Additional construction employees and materials are located at 360 West Nyack Road. SWNY is advancing this operations consolidation project to allow for greater efficiency in its daily operations by improving and optimizing the operations center to house all employees, vehicles, and standard infrastructure materials (piping, hydrants, valves, etc.) at the 162 Old Mill site. Sciaretta has appeared before the Town of Clarkstown Technical Advisory Committee and received approval to proceed to the Planning Board for site development plan review. To read Rockland County Business Journal’s full story on this project, click here.

Vincent Crowe Wins Appeal on Behalf of Commodore Maintenance Corp.

On February 4, 2021, Vincent W. Crowe prevailed on appeal following the lower Court’s denial of Summary Judgment to the firm’s longstanding client, Commodore Maintenance Corp. See Pastorino v. New York City, Commodore Maintenance, 2021 N.Y. Slip Op. 00634 (App. Div. 1st Dept.). In Pastorino, plaintiff, a dock builder working on the Broadway Bridge connecting Manhattan and the Bronx was injured while climbing from a tug onto a barge. Plaintiff asserted a Longshore and Harbor Workers’ Compensation Act (LHWCA) claim against Commodore and Labor Law claims against the City of New York.

The Appellate Division reversed the Supreme Court, New York County Decision and determined that Commodore Maintenance Corp. was not liable to plaintiff under the LHWCA (33 U.S.C. §905) as it did not qualify as a “bareboat” charterer. The Court determined that the charter agreement between Commodore and third-party defendant Ocean Marine did not provide for the complete and exclusive relinquishment of possession and control to Commodore of the tug involved in plaintiff’s accident. In addition, all crossclaims against the City of New York were dismissed under the “anti-subrogation” rule and third-party defendant Ocean Marine’s counterclaims were dismissed.

Diaconis and Rodriguez Successfully Defend Summary Judgment Attack – Paving Way for Multi Million Dollar Recovery, Including Attorneys Fees for Prosecution of Action

Partners John Diaconis and Adam Rodriguez successfully defended a summary judgment decision they procured on behalf of Westchester County against Unity Mechanical Corp., in a defense and indemnity case brought in Westchester County Supreme Court.

The lawsuit arose out of injuries sustained by a Unity employee on May 30, 2013. The Unity employee was injured while performing work in the Westchester County Courthouse under a boiler repair contract with the County. The employee was standing on an A-frame ladder and fell to the floor, causing him to sustain significant injuries.

Unity agreed in the boiler repair contract with the County to defend and indemnify the County for “all” liability arising out of the performance under the Contract.
However, after the Unity employee sued the County in 2013, Unity refused to honor its contractual commitments to defend the County in the underlying action. So, the County defended itself. Years later, after a finding of “strict” liability against the County under the N.Y. Labor Law.

Unity ignored the County’s repeated offers to participate in settlement discussions, and the underlying action ultimately settled for $2.875 million. Unity then refused to indemnify the County for the settlement amount, so the County initiated a lawsuit.

The Court granted the County’s motion for summary judgment and held that Unity breached its duties to defend and indemnify the County. The Court also held that the County was entitled to attorneys’ fees for defending the underlying action, as well as the action-in-chief to recover the settlement proceeds.

Unity moved for reargument, arguing that the Court: (1) misapprehended the scope of Unity’s duty to defend and indemnify the County; (2) failed to address whether the County’s alleged negligence should preclude contractual indemnification to the County; and (3) failed to address the County’s alleged spoliation of evidence.
On December 31, 2020, in a thorough decision, the Court rejected Unity’s arguments and sustained its prior holdings, paving the way to a potential recovery of over $3 million for the County.

Here is a link to the decision.

Partner Robert Meade Secures Litigation Win for William Penn Life Insurance Company

Our Partner, Robert D. Meade, secured a litigation win on appeal of a case he argued at trial for the firm’s long-standing client William Penn Life Insurance Company of New York. See, Bonem v. William Penn Life Ins. Co. of N.Y., 2021 NY Slip Op 00227 (App. Div. 1st Dept.) The Appellate Division, First Department vacated the judgment of the Supreme Court, New York County (Justice Arthur F. Engoron) entered on August 17, 2020 which had awarded plaintiff $1 million on a life insurance policy. The lower court decision was unanimously overturned, with the Appellate Division directing the Clerk to enter judgment for William Penn, finding that the plaintiff was not entitled to coverage under the subject insurance policy because it had lapsed before the insured’s death.

Bleakley Platt & Schmidt, LLP Announces Adam Rodriguez as Partner

Mr. Rodriguez, a native of Yonkers, focuses his practice in the areas of commercial litigation, municipal law, intellectual property and real estate. He currently serves as the Yorktown Town Attorney, acting as legal counsel to the Town, its elected officials, department heads, and its various boards. He is also a Director of Lifting Up Westchester, a non-profit that helps Westchester residents overcome the challenges of poverty, homelessness, hunger, health and education, and Friends of Miller House/Washington’s Headquarters, a non-profit committed to sustaining the legacy of George Washington.

Bleakley Platt & Schmidt Continues Its Proud Support of the Children’s Health & Research Foundation

Bleakley Platt & Schmidt is proud to support the Children’s Health & Research Foundation (CHRF). Through financial, legal, administrative and other support, as well as board service, the Firm assists CHRF in realizing its mission to promote the health of children and families in New York’s Hudson Valley and surrounding regions.

Friends of Miller House/Washington’s Headquarters Announces New Leadership

White Plains, NY: Today, Friends of Miller House/Washington’s Headquarters announced that new leadership has been elected for the term commencing on January 1, 2021.

Former New Castle Town Board member and long-time advocate for Miller House, John S. Diaconis has been elected President. Adam Rodriguez has been elected Vice President. Mr. Diaconis and Mr. Rodriguez are partners in the law firm of Bleakley, Platt & Schmidt LLP. One of Westchester’s oldest firms, Bleakley Platt has a history of civic engagement in Westchester County. The founding member was William Bleakley, Westchester’s first County Executive.

Edward L. Woodyard was elected Vice President as well. Mr. Woodyard has been involved with the Friends since its inception, and he is active in community affairs. Mr. Woodyard is a former President of the organization. Leo Vircillo will be the new Treasurer.

Linda Fernburg has stepped down as President, but will remain on the board of directors. The Friends are appreciative of Linda’s past service and pleased she’ll stay on as board member.

Mr. Diaconis said: “We are grateful for County Executive Latimer’s leadership in preserving this historic landmark. The Elijah Miller House is an 18th century farm house used by General George Washington during the Revolutionary War as a headquarters command post. The house was home to Ann and Elijah Miller and their 7 children. Elijah Miller and two sons John and Elijah, Jr. all died as members of Westchester’s militia in 1776. A woman of great courage, Ann Miller then turned the house into a hospital for Continental soldiers. During the Battle of White Plains, soldiers took shelter under the shade of a 300 year old sycamore that’s preserved on the property.”

Mr. Rodriguez added: “George Washington’s leadership during and after the American Revolution set this great nation on a path that has endured for over two hundred years.  The Friends are committed to sustaining Washington’s legacy.  We’ll assist the County in programming and plan to educate citizens both young and old not only about Washington’s unprecedented achievements, but also his position and struggle with other controversial issues.”

Mr. Diaconis and Mr. Rodriguez both thanked Daughters of Liberty’s Legacy for their hard work in preserving the house.

The Friends are looking to fill board of director vacancies and for members. Those interested may contact Mr. Diaconis directly at jdiaconis@bpslaw.com.

Brian Quinn and Lino Sciarretta Join Bleakley Platt & Schmidt, LLP to Open Rockland County Office

WHITE PLAINS, NY – Bleakley Platt & Schmidt, LLP is pleased to announce the addition of two new partners, Brian Quinn and Lino Sciarretta, former members of Montalbano Condon & Frank, PC., which maintains its office in New City, NY and will continue its legal practice. Mr. Quinn practices in the areas of banking, real estate, and land use law, while Mr. Sciarretta practices real estate and land use law. Their joining the Firm greatly strengthens Bleakley Platt & Schmidt’s Land Use & Zoning practice. They are also spearheading the opening of a Rockland County office.

Mr. Quinn worked for Manhattan law firms for over a decade before relocating to Rockland County, where he has practiced law for more than thirty years. In that time, he has represented commercial lending institutions in complex commercial mortgages, construction loans, asset based lending, and creative financing. He has prosecuted numerous commercial foreclosures and has represented commercial lenders in preserving and enforcing creditors’ interests after debtors have filed for bankruptcy.

Mr. Quinn has also prosecuted and defended various types of real estate litigation on behalf of title companies, individuals, and corporate entities involving Article 15 bar claim actions, tax foreclosures, easements, adverse possession claims, and boundary line disputes.

Thoroughly familiar with local and state zoning practices, procedures and environmental law, Mr. Quinn has represented many of Rockland County’s major companies and developers on land use and zoning matters.

In his twenty-three years practicing law, Mr. Sciarretta has held the positions of Town Attorney for the Town of Clarkstown, NY and Village Attorney in several municipalities. He has considerable commercial litigation and transaction experience and has represented governmental agencies, developers, municipalities, and private sector clients in zoning, real estate development, civil rights, discrimination in employment, and environmental matters.

Additionally, Mr. Sciarretta has a wide range of experience in real estate transactions, encompassing commercial mortgages, construction loans, sales and acquisitions, and leasing. He represents sellers, buyers and public benefit corporations (Industrial Development Agencies) in various transactions involving commercial, industrial, and residential properties and has represented lenders in workouts, mortgage closings, and commercial loan transactions.

He brings to bear his substantial experience representing clients before state and federal courts on zoning and land use controversies, as well as environmental and real estate matters.

Both Mr. Quinn and Mr. Sciaretta join Bleakley Platt & Schmidt from Montalbano Condon & Frank. The valued relationship of these firms is made stronger by the arrival of Quinn and Sciarretta at Bleakley, and Montalbano Condon & Frank wishes both partners the best as they embark on this next chapter of their careers.

In welcoming Mr. Quinn and Mr. Sciarretta to the Firm, Bleakley Platt & Schmidt furthers its legal services in the practice areas of real estate, commercial finance, environmental law, and now, land use & zoning. Mr. Quinn and Mr. Sciarretta will lead the Firm’s Rockland County office, expanding the Firm’s presence in the Hudson Valley region.
Bleakley Platt & Schmidt, LLP is Westchester’s preeminent law firm, with a more than 85-year legacy of providing superior legal counsel to residents and businesses of Westchester and Rockland Counties, as well as the entire Hudson Valley and Fairfield County, CT. To learn more about the Firm’s services, visit https://dev01.bpslaw.com/, or contact its offices at (914) 949-2700.

“Let Facts Be Submitted To A Candid World”

It’s time for a candid conversation.

Leadership is spawned from crisis and necessity. True leaders simply lead. They are selfless and courageous, empathic and humble. They acknowledge their flaws and solicit the wisdom of others. Their moral compass is the common good. They seek neither credit nor platitudes. Their reward is the success and well-being of those who have placed their trust in them.

Our country and our region are confronting two daunting challenges: The COVID-19 Pandemic has killed or sickened family and friends, crippled our local and national economies and plunged individuals and families into the chaos of fiscal uncertainty and pervasive fear. Horrific homicidal misconduct of certain police officers has exposed, yet again, the festering social wounds of racism in our country and the resultant plight and suffering of Americans of color. These are common enemies that we as Americans must fight and overcome together.

I emphasize “we” because our Nation’s founding documents are based upon inclusive pronouns that contemplate a collective effort to defend and honor one another and the God-given Constitutional rights of every American. Unfortunately, on both sides of the aisle our political discourse has devolved into the constant use of divisive personal and partisan invective. This pits Americans against each other. This is not leadership. It is self-serving, toxic rhetoric that has exacerbated our problems, fomented unnecessary and otherwise avoidable social discord, and accomplished nothing other than to tear at the fabric of our country.

This is a defining moment for our Nation; an opportunity for thoughtful dialogue and needed reform. I have great faith in our country. Americans believe in redemption. As Americans, we were born for this time, for these challenges, and for this defining moment of change. We have among us leaders in healthcare and the sciences, who will develop the COVID-19 vaccine and identify breakthroughs in treatment – oftentimes, while risking their own health and safety. We also have among us political, community and law enforcement leaders who will hazard forward fearlessly to identify injustice where it exists, build a consensus for change, and eradicate the infection of racism and ignorance. We will do it together. It will not be easy. Nothing worthwhile ever is. But it is our time to lead this country forward.

How? I offer for your consideration the words of the Declaration of Independence. As a prelude to identifying the colonists’ grievances against King George, Thomas Jefferson wrote that “…let facts be submitted to a candid world.” In that same hope, I offer what I believe what we all must do as leaders. We must listen to one another without bias, and sincerely attempt to understand differing perspectives, grievances and fears. We must be patient, agree to disagree without insult or the all too predictable dismissive allegations of ignorance, intolerance or bigotry. We must understand that inevitable disagreements are merely navigable rapids, not insurmountable impediments. We must respect the humanity and validity of every American voice. We must support every person’s right to pursue the hopes and dreams that only can be realized in America. We must reject the generic vilification of law enforcement or any other group and the wanton destruction of life, livelihoods and personal property. Such conduct generates only mistrust and social and political instability, antithetical to the interests of all Americans. America’s greatness can only be realized with the humble receptivity to the perspectives and experiences of all of our neighbors.

In the end, leadership, while difficult, is quite simple. Treat people the way you want to be treated. In the words of the Reverend Dr. Martin Luther King, Jr., “[t]he arc of the moral universe is long, but it bends toward justice.”
It is our time. Let’s lead.

William P. Harrington
Chairman
Bleakley Platt & Schmidt, LLP
One North Lexington Avenue
White Plains, NY 10601
(914) 949-2700

To view this article in Westchester County Business Journal, click here.

As Businesses Reopen, The Lawsuits Begin

SAVE THE DATE: June 16, 2020 at 1 p.m. EST, a NYSBA Dispute Resolution Section Zoom/Webinar.

As Businesses Reopen, The Lawsuits Begin: The Landscape for the Post-Covid Deluge of Lawsuits, the Intersection of Insurance and Using ADR for Expedited Resolution.

I look forward to moderating this program with an amazing panel consisting of AAA-ICDR Arbitrators Deborah Masucci, Mark Bunim, John Diaconis, Peter A. Halprin, FCIArb, FAiADR, and my AAA-ICDR colleague Svetlana Gitman.

See the following link to register:

https://lnkd.in/d4PmwZS

DIACONIS & RODRIGUEZ WIN JUDGMENT FOR COUNTY OF WESTCHESTER POTENTIALLY WORTH OVER $4 MILLION

Partner John Diaconis and Counsel Adam Rodrigues successfully moved for summary judgment on behalf of Westchester County against the Netherlands Insurance Company and Unity Mechanical Corp., in a defense and indemnity case brought in Westchester County Supreme Court.

The lawsuit arose out of injuries sustained by a Unity employee on May 30, 2013.  The Unity employee was injured while performing work in the Westchester County Courthouse under a boiler repair contract with the County.  The employee was standing on an A-frame ladder and fell to the floor, causing him to sustain significant injuries.

Unity agreed in the boiler repair contract with the County to defend and indemnify the County for “all” liability arising out of the performance under the Contract.  Unity also agreed in the Contract to obtain insurance coverage for the County to cover it against any losses arising during the performance of the Contract.  And Unity in fact obtained an insurance policy from Netherlands that covered the County.

However, after the Unity employee sued the County in 2013, both Unity and Netherlands refused to honor their contractual commitments to defend the County in the underlying action.  So, the County defended itself.  Years later, after a finding of “strict” liability against the County under the N.Y. Labor Law, Netherlands disclaimed insurance coverage for the County.  Unity and Netherlands also ignored the County’s repeated offers to participate in settlement discussions with Unity’s employee, and the underlying action ultimately settled for $2.875 million.  Both Netherlands and Unity then refused to indemnify the County for the settlement amount, so the County sued them both.

After the close of discovery, the County moved for summary judgment.  The Court granted the County’s motion and held that Netherlands and Unity both breached their duties to defend and indemnify the County.  The Court also held that the County was entitled to attorneys’ fees for defending the underlying action, as well as the action-in-chief to recover the settlement proceeds.

Here is a link to the decision.

Bleakley Platt & Schmidt and Continuing Legal Education

Bleakley Platt & Schmidt, LLP is proud of it’s more than 80-year legacy of providing superior legal counsel to the residents and businesses of Westchester County and Greenwhich, CT. The firm is also dedicated, however, to helping foster the talent of up-and-coming lawyers and to the education of the legal community. For this reason, our attorneys, like partner Frances M. Pantaleo, frequently speak at Continuing Legal Education (CLE) courses – specialized professional education required for attorneys, following admission to the bar.

Ms. Pantaleo, head of the firm’s Elder Law and Special Needs Practice Group, for example, will speak at a CLE entitled “An Introduction to Elder Law and Special Needs Planning,” presented by the Westchester County Bar Association’s Trust & Estates and Elder Law committees, on Thursday, January 16.

Elder law is the area of legal practice providing counsel in matters concerning health care, long-term care planning, estate planning (including preparation of wills, trusts, and advance directives), asset preservation and protection, Medicaid applications, and guardianship. Under Ms. Pantaleo’s leadership, the Elder Law and Special Needs Practice Group works closely with clients’ family advisors, including family offices, financial advisors, CPAs, social workers, and healthcare professionals, in providing such services.

An educator, as well as an attorney, Ms. Pantaleo has taught law at the Benjamin N. Cardozo School of Law in New York City and Pace Law School in White Plains. She previously spoke at the New York State Bar Association’s “Basic Elder Law” CLE in November.

Other Bleakley Platt & Schmidt attorneys who have spoken at CLEs and similar programs include associate Brendan H. Buschman, who gave an overview on special needs estate planning at NYSBA’s “Special Education” CLE in October; associate Daniel P. Buckley, who, in October, presented on Estate Planning with Digital Assets at NYSBA’s “Intermediate Trusts and Estates” CLE, and partner Nancy J. Rudolph, who spoke about the Surrogate’s Court mediation program at the October meeting of the NYSBA Trusts & Estates and Elder Law & Special Needs Sections.

“An Introduction to Elder Law and Special Needs Planning” will be held on Thursday, January 16 from 5:30pm to 8:00pm, in the Ground Floor Conference Room at 2 Westchester Park Drive, White Plains, NY. Registration is required. To register, click here.

Bleakley Platt & Schmidt’s Frances M. Pantaleo to Speak at WCBA January CLE

Bleakley Platt & Schmidt partner and head of the firm’s Elder Law and Special Needs Practice Group, Frances M. Pantaleo, Esq. will speak at a Continuing Legal Education course entitled “An Introduction to Elder Law and Special Needs Planning,” presented by the Westchester County Bar Association’s Trust & Estates and Elder Law committees, on Thursday, January 16.

Elder law is the area of legal practice providing counsel in matters concerning health care, long-term care planning, estate planning (including preparation of wills, trusts, and advance directives), asset preservation and protection, Medicaid applications, and guardianship. Under Frances Pantaleo’s leadership, the Elder Law and Special Needs Practice Group works closely with clients’ family advisors, including family offices, financial advisors, CPAs, social workers, and healthcare professionals, in providing such services.

Ms. Pantaleo is a member of the National Academy of Elder Law Attorneys (NAELA) and previously served as Chair of the New York State Bar Association’s Elder Law and Special Needs Section. She was recently named Best Lawyers’ 2020 Lawyer of the Year in White Plains for the field of Elder Law. Additionally, the Thomson Reuters publication Super Lawyers Magazine has recognized her as one of the Top 25: 2019 Westchester County Super Lawyers, and the publication has also named her as one of the top 50 Women Lawyers in the Metro Area. She has also been honored with an award from the New York State Bar Association Elder Law & Special Needs Section for her work “in furtherance of the rights of the elderly and persons with disabilities.”

An educator, as well as an attorney, Ms. Pantaleo has taught law at the Benjamin N. Cardozo School of Law in New York City and Pace Law School in White Plains. She previously spoke at the New York State Bar Association’s “Basic Elder Law” CLE in November.

“An Introduction to Elder Law and Special Needs Planning” will be held on Thursday, January 16 from 5:30pm to 8:00pm, in the Ground Floor Conference Room at 2 Westchester Park Drive, White Plains, NY. Registration is required. To register, click here.

Bleakley Platt & Schmidt, LLP is Westchester’s preeminent law firm, with a more than 80-year legacy of providing superior legal counsel to the residents and businesses of Westchester County and Greenwhich, CT. To learn more about the firm’s services, visit https://dev01.bpslaw.com/, or contact its offices at (914) 949-2700. Click here to send an email and inquire about Frances Pantaleo, Esq’s team and practice areas.

The First Three Westchester County Executives

Both Judge Bleakley and Judge Hopkins were former BPS attorneys.

Click here for an accessible text only version of the flyer shown above.

RODRIGUEZ APPOINTED TOWN ATTORNEY IN YORKTOWN

On January 7, 2020, the Yorktown Town Board unanimously appointed Adam Rodriguez to serve as its Town Attorney.

“We are very fortunate to be represented by Adam and Bleakley Platt & Schmidt,” said Town Supervisor Matthew J. Slater.  “Going forward, it is reassuring to know that the Town can call on Adam’s expertise and the firm’s significant resources for legal assistance.”

“It’s an honor to have the confidence of Supervisor Slater and the Town Board,” Rodriguez said. “I’m excited for the opportunity to advise the Town and look forward to using my private and public sector experience to serve.”

As Town Attorney, Rodriguez will act as legal counsel to the Town, its elected officials, department heads, and its various boards.  Rodriguez will also represent the Town in litigation and transactions, and monitor all the Town’s outside counsel who assist the Town with matters such as public finance.

Mr. Rodriguez focuses his practice in the areas of litigation, municipal law, intellectual property and real estate. Previously, he was the Director of Real Estate for Westchester County, where he negotiated commercial real estate transactions valued at over $100 million.  Prior to his appointment as Director of Real Estate, Mr. Rodriguez defended the County of Westchester in one of the highest-profile HUD enforcement actions in United States history.  He has also served as a law clerk to two federal judges, and worked as a litigator at a large law firm in New York City.

To read Mr. Rodriguez’s attorney profile, click here.

Rodriguez & Diaconis Broker Favorable Settlement for Philipstown in Cell Tower Standoff with Verizon Wireless

Counsel Adam Rodriguez and Partner John S. Diaconis have brokered a favorable settlement for the Town of Philipstown.  The case involved a dispute over Verizon’s application to construct a 180-feet tall cell tower in the Town.  Under the settlement, the tower will be 120 feet tall—60 feet shorter than Verizon’s first proposed facility.  Verizon also waived its rights to raise the height of the tower.

Richard Shea, the Town Supervisor, applauded the deal, noting that “everything that’s been requested by the residents has been put in” the settlement.

In addition to the reduced tower height, the settlement also includes the following favorable terms:

• Verizon will provide $20,000 for property owners near the facility to install visual mitigation landscaping.
• Verizon will reimburse the Town for the expenses it incurred in reviewing Verizon’s permits applications in an amount of $21,260.70.
• Verizon will keep approximately 2,000 feet of access road clear and maintained.
• Local emergency services can maintain three antennas on the tower at no charge.
• A variety of measures to disguise the tower, including camouflaged design, an 8-foot cedar privacy fence, vegetative screening, and minimized light pollution.

“The Town’s rejection of the 180-feet tower was well founded,” said Mr. Rodriguez.  “This settlement agreement recognizes that, mandates that the concerns of the residents of Philipstown will be addressed, and ensures that the tower will not be an eyesore.”

The Town originally denied Verizon’s request to build the tower because (1) Verizon had failed to prove that there was a sufficient gap in wireless coverage, (2) the tower would negatively impact the views in the community, and (3) the tower would diminish property values.

Verizon filed the lawsuit under the federal Telecommunications Act of 1996 back in February 2018, seeking monetary damages and injunctive relief.  Verizon argued that the Town violated state and federal law when it rejected the mobile giant’s application to build the 180-foot tower.

The case is New York SMSA Limited Partnership d/b/a Verizon Wireless et al. v. Town of Philipstown et al., case number 7:18-cv-01534, in the U.S. District Court for the Southern District of New York.

To view the settlement agreement, click here.

Mr. Rodriguez focuses his practice in the areas of litigation, intellectual property and real estate. Previously, he was the Director of Real Estate for Westchester County, where he negotiated commercial real estate transactions valued at over $100 million.  Prior to his appointment as Director of Real Estate, Mr. Rodriguez defended the County of Westchester in one of the highest-profile HUD enforcement actions in United States history.  He has also served as a law clerk to two federal judges, and worked as a litigator at a large law firm in New York City.

To read Mr. Rodriguez’s attorney profile, click here.

Mr. Diaconis focuses his practice on the insurance and reinsurance industry. He also serves as an arbitrator and mediator in insurance and reinsurance arbitrations and mediations.  Mr. Diaconis received his formal mediation training at Harvard Law School, Program of Instruction for Lawyers and at the Westchester Mediation Center, in conjunction with New York State Office of Court Administration. He is appointed to the Roster of Neutrals for New York Supreme Court, Commercial Divisions, for both New York and Westchester Counties.

To read Mr. Diaconis’ attorney profile, click here.