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Bleakley Platt Proud to Sponsor 9/11 Serve & Remember Event

Bleakley Platt is an event sponsor of the 9/11 Serve Remember day of service, presented by the Young Professional’s Group of the WCA, in partnership with Volunteer New York. Justin Gardner, who serves on the Young Professional’s Executive Committee, will be joined by associates and staff members of the firm at the day of service. Hundreds of volunteers will gather at the County Center to assist area not–for-profits, assembling kits for activities and projects and creating security blankets for children in hospitals, shelters and foster care programs.

Partner John S. Diaconis and Ari J. Diaconis Article Published in ARIAS Quarterly

Mr. Diaconis and his son Ari Diaconis co-authored “Six Years After Hall Street:  The Continued Viability of Manifest Disregard, Jurisdiction by Jurisdiction” for the First Quarter 2015 issue of ARIAS Quarterly, a publication of the AIDA Reinsurance and Insurance Arbitration Society.  The article presents an overview of the use of manifest disregard in challenging arbitration awards.

Click here to read the complete article.  Click here to learn more about John S. Diaconis.

Sons of the American Revolution present George Washington First in Honors Medal to Managing Partner Peter Bassano

On Sunday, June 18, Peter Bassano was awarded the George Washington First in Honors Medal from the New York Chapter of the Sons of the American Revolution in recognition of his thirteen years of community service and leadership as a member of the White Plains Board of Education. The award was presented at the 90th year anniversary celebration of the historical White Plains Gedney Association at which Mr. Bassano also received the New York State Assembly Citation for public service from Assemblywoman Amy Paulin and Assemblyman David Buchwald.

Managing Partner Peter Bassano was honored at the June meeting of the White Plains School District. Board President Rosemarie Eller thanked Mr. Bassano for his exceptional leadership of the district and presented him with a Certificate of Appreciation from the Westchester-Putnam School Boards Association. Mr. Bassano was also recognized by the White Plains PTA Council and the White Plains Teacher’s Association. The district’s summer newsletter noted his retirement along with that of Superintendent of Schools Tim Connors. Click here to view the newsletter.

Real Estate Partner James Glatthaar in The New York Times

James W. Glatthaar, whose real estate practice includes cooperative and condominium law and real estate litigation, was contacted by The New York Times to respond to a reader’s question. The issue centers around a co-op shareholder’s desire to withhold a portion of his maintenance fee because the co-op swimming pool will be closed for the season due to outstanding permits and needed repairs.  The property management company informed the shareholder that a collection company would be retained to recover any withheld amount. The question:  does the shareholder have any recourse?  Mr. Glatthaar’s response appears in the “Ask Real Estate” column in the Sunday, July 5 edition of The Times. To read a comprehensive discussion of this issue, please visit our Client Advisory page. Click here to learn more about James W. Glatthaar.

Partner Hugh Fyfe and Mary Casterella Co-Chair Benefit for Ministries of the Franciscan Friars of the Atonement

Partner Hugh Fyfe and his wife Mary Casterella, a Bleakley Platt employee, served as co-chairs of the Franciscan Friars of the Atonement’s sixth annual Sunset on the Hudson benefit on May 14 at X20 – Xavier’s on the Hudson. Bleakley Platt was proud to be a Gold Sponsor of the event, which raises funds to benefit the various ministries of the Franciscan Friars of the Atonement, a Roman Catholic order of brothers and priests. The order was founded at Graymoor in Garrison, New York in 1898 by Father Paul Wattson, SA, who has been endorsed for canonization by the United States Conference of Catholic Bishops. The ministries affiliated with the Franciscan Friars of the Atonement include the Do Not Fear to Hope program, the first HIV/AIDS support group in the Hudson Valley, which was begun more than thirty years ago, and St. Christopher’s Inn, which provides more than 1,200 men annually with food, clothing, shelter, alcohol and drug addiction counseling and healthcare services.

Partner William Mulligan Addresses Fordham Law School Alumni – Westchester-Putnam Chapter

Partner William H. Mulligan, Jr. was invited to introduce Professor Constantine Katsoris at the recent 58^th Annual Alumni Dinner of the Fordham Law School Westchester-Putnam Chapter Dinner in Bronxville, NY on June 1. Professor Katsoris was one of two professors presented with this year’s Gov. Malcolm Wilson Distinguished Alumnus Award. Mr. Mulligan, a former President of the Chapter, spoke briefly before a crowd of more than 125 alumni and friends, which included a large number of State and Federal Judges. A second award was also presented to Professor Joseph Sweeney.

Bleakley Platt Attorneys are Commencement Speakers at Area High Schools

Managing Partner Peter Bassano will be the commencement speaker for the White Plains High School graduation on June 25 at the County Center.  Mr. Bassano served on the White Plains School Board of Education from 2002 to 2015, and devoted years of service to guiding the school district through changes and challenges.

Attorney Mary Anne Wirth was the commencement speaker at her alma mater, Maria Regina High School on June 6.  A 1971 graduate and a member of the Board of Trustees, Ms. Wirth spoke on the important lessons she learned at Maria Regina, including lessons of faith, friendship and concern for others.  Among her accomplishments, Ms. Wirth served as Associate Independent Counsel in the Office of the Independent Counsel Kenneth W. Starr in Washington D.C. from 1997 to 1998.

Intellectual Property Litigation Partner Janet Linn Spoke at NYC Bar Program

On June 16, Partner Janet Linn spoke at a program presented by the NYC Bar’s Committee on Women in the Legal Profession, titled “Managing Your Intellectual Property Career.”  She was joined by Uli Holubec, Senior Legal Editor, Intellectual Property & Technology, Practical Law, Thomson Reuters, Judy McCool, Senior Vice President, Legal Affairs, Home Box Office, Inc. and moderator Ayala Deutsch, Senior Vice President & Deputy General Counsel, NBA Properties, Inc.  The program provided practical insights on how to succeed in IP law, with a focus on the challenges women face in balancing family and professional roles and responsibilities.

Estate Planning Partner Frances Pantaleo Spoke at Hudson Valley Regional Dementia Conference

Partner Frances Pantaleo was among a distinguished group of speakers at the first annual Hudson Valley Regional Dementia Conference, presented by the Alzheimer’s Association on Tuesday, June 9 at the Double Tree Tarrytown. This full day conference was designed for individuals who have been diagnosed with Alzheimer’s, family members, caregivers and professionals who provide support and services.   Ms. Pantaleo’s presentation, “Legal and Financial Issues for Individuals with Dementia: Picking Up the Pieces,” will be part of the morning Family track.   

Click here to learn more about the event.

Estate Planning Partner Frances Pantaleo Quoted in Westchester Magazine

Partner Frances Pantaleo was interviewed for an article in the June issue of Westchester Magazine on planning for incapacity.  She recommends that everyone, not just seniors, think beyond wills and trusts and have documents prepared to allow designated individuals to make medical and financial decisions, and to gain access to medical records.   For information about these and related issues, Ms. Pantaleo may be contacted by phone or email. Click here for her contact information.

Bleakley Platt is pleased to announce that Katrine Aliha Beck has become a member of the firm.

Bleakley Platt is pleased to announce that Katrine Aliha Beck has become a member of the firm. Her practice focuses on general liability claims, municipal law matters and commercial disputes. Her clients include individuals; small businesses; public and private corporations; property managers; condominium and co-op boards; and insurance carriers.

Ms. Beck received her J.D. from Albany Law School and is a 1996 graduate of Ramapo College of New Jersey. Click here to read her attorney profile.

Bleakley Platt is pleased to announce that Michael G. Lewis has become a member of the firm.

Bleakley Platt is pleased to announce that Michael G. Lewis has become a member of the firm. He has a multi-faceted practice focusing on environmental, real estate and litigation matters. Mr. Lewis was the former Chief Legal Officer for LUKOIL North America and has served as Vice President, General Counsel and Secretary at Getty Petroleum Marketing Inc.

Mr. Lewis received his J.D. from New York Law School in 1994 and a B.A. from the University of Massachusetts Boston in 1989, magna cum laude. Click here to read his attorney profile.

Bleakley Platt’s Janet Linn Speaks at the NYC Bar Center on Patent Litigation at the International Trade Commission

On April 9, 2015, Partner Janet B. Linn spoke at the NYC Bar Center on the topic “Patent Litigation at the International Trade Commission.”  Ms. Linn spoke as a member of the faculty of a CLE program sponsored by the New York City Bar Association designed for attorneys who do not practice patent law but seek to understand the scope, acquisition and enforcement of patent rights.  Ms. Linn spoke on the topic of the U.S. International Trade Commission and how patent litigation under the ITC’s broad investigative responsibilities on matters of trade differs from patent litigation in the federal district courts

See link

Bleakley Platt Partner Frances M. Pantaleo to Co-Chair CLE Program “Utilizing SNT’s for Persons with Disabilities”

Partner Frances M. Pantaleo is statewide Co-Chair of an upcoming Continuing Legal Education program “Utilizing SNT’s for Persons with Disabilities” which is being offered at six sites throughout New York State by the New York State Bar Association. In addition to co-chairing the program, Ms. Pantaleo is the author of the program materials regarding the drafting of Supplemental Needs Trusts and will be the Moderator and a speaker at the Westchester program which takes place on May 12th at Elmwood Country Club.

Bleakley Platt Partner Janet Linn quoted in IP Law 360

On January 21, 2015, Janet Linn, an intellectual property litigation partner at Bleakley Platt, was quoted in IP Law 360. Ms. Linn commented on the significance of the Supreme Court’s decision in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. (Jan. 20, 2015), deciding the appropriate standard of appellate review of the factual findings underlying the district court’s claim construction in a patent litigation. She observed that the decision to accord deference to the findings should result in more detailed and thorough District Court claim construction opinions, providing the litigants, and the Federal Circuit on an appeal, a better understanding of the District Court’s reasoning.

Bleakley Platt Proudly Sponsors Food Bank for Westchester

The Food Bank for Westchester held its annual Valentine’s Day “Take Heart Against Hunger” Dinner on Friday, February 6, 2015 at the Tappan Hill Mansion. Bleakley Platt was delighted to be a Platinum Sponsor of this year’s dinner which raised over $200,000.

The Westchester Food Bank is the backbone of Westchester County’s emergency food distribution network, acquiring, warehousing and distributing food to over 265 front-line hunger relief programs, including food pantries, soup kitchens, low-income child and adult day-care centers and shelters. The Food Bank distributes about 14 tons of food a day – nearly 7.2 million pounds of food a year. Since they began this mission in 1988, the Food Bank for Westchester has distributed over 100 million pounds of food to feed hungry Westchester residents.

Bleakley Platt & Schmidt, LLP, as one of the original organizers of The Westchester Food Bank in 1988, has remained a strong supporter of the organization and its mission. Chairman, Bill Harrington served as a member of the Food Bank’s Board of Trustees and its Chairman for more than a decade. Many of the firm’s attorneys, staff and their families have volunteered their time to the Food Bank doing everything from negotiating the construction contracts for the Elmsford facility to sorting food and packing boxes.

Bleakley Platt congratulates the Food Bank for Westchester on its successful event and on its merger with Westchester Coalition for the Hungry and Homeless. We look forward to continuing to support the combined organization in its ongoing efforts to provide meals for the hungry of Westchester County.

Bleakley Platt’s Janet Linn and Chris Palermo Speak at NYS Bar Association Food, Drug and Cosmetic Section’s Annual Meeting on Recent Developments in Food and Drug Law

Partner Janet B. Linn moderated the panel “Food Labeling, Patent Settlements, Forced Switches, and Gene Patents: A Review of Recent Legal Developments in Antitrust, Intellectual Property, and False Advertising Affecting Food and Drugs in 2014” at the Annual Meeting of the Food, Drug and Cosmetic Law Section of the New York State Bar Association on January 29, 2015 at the New York Hilton Midtown. Partner Christopher C. Palermo also served as a panelist. Panelists discussed recent developments in food and drug law in 2014, including State of New York v. Actavis PLC and Forest Laboratories, LLC; a review of antitrust liability for Hatch-Waxman settlements since the Supreme Court’s decision in FTC v. Actavis; an update of the patentability of natural phenomena since the Supreme Court decision on gene patents in Association for Molecular Pathology v. Myriad Genetics; recent developments with approvals of biosimilars; and a discussion of how POM Wonderful LLC v. Coca Cola Co. has changed the rules for labeling foods and beverages.

Bleakley Platt is pleased to announce that Jennifer A. Lofaro has become a member of the firm.

Bleakley Platt is pleased to announce that Jennifer A. Lofaro has become a member of the firm. Her practice focuses on Commercial Finance and Real Estate and she advises and represents regional and national institutional lenders and developers, as well as individual and corporate borrowers, in residential and commercial real estate transactions.

Ms. Lofaro received her J.D. from Pace University School of Law and is a 1990 graduate of the State University of New York, New Paltz.

Bleakley Platt Announces New Partner

Bleakley Platt is pleased to announce that Janet B. Linn has become a member of the firm in the Intellectual Property and Litigation Practice Groups. Her practice focuses on patent, trademark and trade secret litigation and counseling. She has extensive trial and litigation experience in jurisdictions throughout the United States in a broad range of technologies, including pharmaceuticals, medical devices, consumer products, and mechanical devices. She also has substantial experience in trademark prosecution and inter partes proceedings, as well as unfair competition, false advertising, and copyright litigation.

Ms. Linn was recently Chair of the Patents Committee of the New York City Bar Association and is currently a member of the Executive Committee of the Food, Drug and Cosmetic Section of the New York State Bar Association. She has been recognized as a Super Lawyer in Intellectual Property Litigation.

Bleakley Platt Partner Selected for Inclusion in The Best Lawyers in America

Bleakley Platt is honored to announce that Frances M. Pantaleo has been selected for inclusion in The Best Lawyers in America© 2015 in the field of Elder Law. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers is based on an exhaustive peer-review survey. Over 52,000 leading attorneys cast more than 5.5 million votes on the legal abilities of other lawyers in their practice areas. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”

Change in Law Imposes New Requirements for Residential Leases in New York

An amendment to New York State’s Real Property Law, effective December 3, 2014, imposes new requirements for all residential leases, whether currently in existence or which take effect thereafter.  The amendment adds a new section, Section 231-a, which imposes the following requirements.

First, all leases for residential premises must include a disclosure statement regarding the existence (or not) of an automatic fire suppression sprinkler system covering the “leased premises,” common area or both.  Second, the disclosure statement must be “conspicuous notice in bold face type.”  Third, the notice must include the most recent date of maintenance and inspection.

Section 231-a may present some unusual problems.  For instance, the requirement is imposed in “every residential lease” so it is not limited to owners of residential property.  By way of example, even a tenant who is subletting the “leased premises” will be bound by the law.  Moreover, New York law does not necessarily require that a lease for residential property be in writing, yet Section 231-a requires that the statement regarding sprinkler disclosure be “conspicuous notice in bold face type.”

In addition, the law does not specify a penalty for its violation.  Does the failure to include the disclosure render the lease void and unenforceable?  Is the lease unenforceable by the owner or landlord only?  Can the tenant simply refuse to pay rent?  Can the tenant walk away without consequence?  What if the tenant refuses to sign?  Does the tenant’s refusal to sign mean there is no enforceable lease?

Also, what about an existing residential lease?  Must the lease be amended or is a separate letter “deemed incorporated into” the lease?

Further, Section 231-a does not distinguish between single family and multi-family housing, so it presumably applies to single family housing and is not restricted to apartment buildings, co-ops or condominiums.

Finally, the law does not define the crucial terms “lease” or “residential property.”  It is unclear how Section 231-a would apply where a family member acquires housing for another family member, e.g. where a parent purchases a co-op or condominium unit for a child or vice versa.  Such an arrangement could be construed as a “lease” or a “license” and the risk of failure to comply with Section 231-a would be on the property owner.

For further information, please contact James W. Glatthaar of Bleakley Platt’s Real Estate Practice Group at jwglatthaar@bpslaw.com or (914) 287-6159.

11 Bleakley Platt Attorneys Named 2014 New York Super Lawyers

Each year, Super Lawyers, a Thomson Reuters publication, identifies no more than five percent of the lawyers in New York State as “Super Lawyers”   – “outstanding lawyers” who have attained a “high degree of peer recognition and professional achievement.”  The selection process includes independent research and peer evaluations.  The publication recently announced that 11 Bleakley Platt attorneys were named “Super Lawyers” in 2014.  The attorneys receiving this honor are:

• Joseph DeGiuseppe, Jr.
• Susan E. Galvao
• William P. Harrington
• Robert D. Meade
• William M. Murphy
• Christopher C. Palermo
• Frances M. Pantaleo
• Matthew G. Parisi
• Raymond M. Planell
• Nancy J. Rudolph
• Mary Anne Wirth 

Bleakley Platt Announces New Partner

Bleakley Platt is pleased to announce that Christopher C. Palermo has become a member of the firm, in the litigation practice group. His practice focuses on matters involving contractual disputes, unfair competition and consumer protection claims, product liability, real estate litigation, common law fraud and False Claims Act matters. He has represented corporate clients in jurisdictions throughout the U.S. in a number of different industries, including pharmaceuticals, financial services, industrial manufacturing and telecommunications.

Mr. Palermo was appointed by Chief Judge of the State of New York Jonathan Lippman to serve on the Commercial Division Advisory Council, which is charged with advising the Chief Judge on an ongoing basis about all matters concerning the Commercial Division of the Supreme Court of the State of New York.

Mr. Palermo received his J.D. from Georgetown University Law Center, cum laude, in 1987 and is a 1984 cum laude graduate of Princeton University. Mr. Palermo has been recognized as a “Super Lawyer” from 2007 to the present.

Appellate Division First Department Affirms Surrogate’s Court Decision in Favor of BPS Clients and Rejects Estate Executor’s Claim of Undue Influence as to Turnover of the Renowned “Pyramid of Hope” and “Butterfly of Peace” Diamond Collections

On April 1, 2014, the Appellate Division, First Department unanimously affirmed a Bronx County Surrogate’s Court decision dismissing the claims against Bleakley Platt & Schmidt’s clients, Alan Bronstein and Aurora Gems, Inc. David Gould, the Executor of Harry Rodman’s Estate, sought to set aside Rodman’s transfer of his fifty percent interest in Aurora Gems, Inc., to his stepson, Alan Bronstein; Aurora Gems, Inc. is the owner of the renowned “Pyramid of Hope” and “Butterfly of Peace” colored diamond collections. Currently the “Pyramid of Hope” collection is on display at London Natural History Museum and the “Butterfly of Peace” collection is exhibited at the Natural History Museum of Los Angeles. The Court rejected the Executor’s claim that Mr. Bronstein engaged in fraud and overreaching noting that Mr. Rodman was of sound mental health and had a close family relationship with Mr. Bronstein and such relation negated any inference of undue influence.

Vincent W. Crowe, a member of Bleakley Platt & Schmidt, LLP since 1985, tried the case and argued the appeal on behalf of Alan Bronstein and Aurora Gems, Inc.  Click here for the full Appellate Court Decision and  Click here for trial court decision.

Appellate Division, 2d Department, Unanimously Affirms Dismissal of Fraud Claims Against BPS Client

By unanimous Decision and Order dated March 19, 2014, the Appellate Division affirmed the Order of the Supreme Court, Westchester County (Loehr, .J) entered on June 5, 2012, which granted the oral motion of the defendant Marlene Magarelli, executor of the estate of Isaac G. Sargiss, and the separate oral motion of the defendants Julius Sargiss, brother of Isaac, and Panrad Automotive Industries, Inc. pursuant to CPLR 4401, made at the close of the plaintiff’s case after a nonjury trial, for judgment as a matter of law dismissing the complaint against them as a matter of law.

The plaintiff, Frieda Sargiss, was the divorced widow of Isaac Sargiss who passed away in California in 2004. The couple had entered into a divorce agreement in New York in 1996. Following Isaac’s death, his widow claimed that a variety of financial documents found in her late ex-husband’s residence showed that he had made fraudulent misrepresentations concerning his assets at the time of the divorce, thus preventing the plaintiff from receiving her fair equitable distribution. She filed an action seeking damages for the alleged fraud. Following the presentation of her case, the defendants made their motions for dismissal as a matter of law. The trial court agreed with the defendants finding that plaintiff had produced nothing more than “circumstantial evidence” and utterly failed to prove her case under the required standard of “clear and convincing” evidence to establish fraud.

The Appellate Division concurred, affirming the dismissal, noting that “A trial court’s grant of a CPLR 4401 motion for judgment as a matter of law is appropriate where the trial court finds that, upon the evidence presented, there is no rational process by which the fact trier could base a finding in favor of the nonmoving party.” In this case the Appellate court found that indeed there was no rational process by which the trial judge could have concluded that the plaintiff reasonably or justifiably relied on the misrepresentations her now deceased former husband allegedly made during the divorce action, in particular as regarding the sale of a share of one of his business entities to his brother, which occurred six years before the divorce action.

William Hughes Mulligan, Jr., a member of Bleakley Platt & Schmidt LLP since 1985, tried the case and argued the appeal on behalf of the executor defendant, Marlene Magarelli. Click here for the full decision.

Bleakley Platt Announces New Partner

Bleakley Platt is pleased to announce that Frances M. Pantaleo has become a member of the firm, handling a broad range of matters with a particular emphasis in the areas of elder law, estate planning, drafting wills and trusts, probate and administration of estates, guardianship proceedings, and the drafting and administration of supplemental needs trusts.

Ms. Pantaleo is the Chair of the Elder Law Section of the New York State Bar Association and a member of the National Academy of Elder Law Attorneys. She has previously served as Chair of the Elder Law Committees of the Westchester Women’s Bar Association and the Westchester County Bar Association.

Ms. Pantaleo received her J.D. from New York University Law School in 1979 and is a summa cum laude graduate of Brooklyn College, CUNY. Ms. Pantaleo has been recognized as a “Super Lawyer” in the area of Elder Law and was named one of the top twenty-five attorneys in Westchester County in both 2011 and 2012. Ms. Pantaleo has achieved the AV® Preeminent™ Peer Review Rating, the highest rating in legal ability and ethical standards from Martindale Hubbell.

Bleakley Platt Attorneys Recognized as 2013 New York “Super Lawyers”

Bleakley Platt is pleased to announce that eight of its Partners have been recognized by New York “Super Lawyers” 2013 as among the top attorneys in the New York-Metropolitan Area in their respective areas of concentration. “Super Lawyers” is a listing of outstanding lawyers that evaluates each candidate based on peer recognition and professional achievement; verdicts and settlements; transactions; representative clients; experience; honors and awards; special licenses and certifications; position within law firm; bar and or other professional activity; pro bono and community service as a lawyer; scholarly lectures and writings; education and employment background; and other outstanding achievements. The Bleakley Platt attorneys named as 2013 New York “Super Lawyers” are William P. Harrington, who is the Chair of our Firm’s Executive Committee, in the areas of Energy, Environmental Litigation, and Land Use; Joseph DeGiuseppe, Jr. in Labor & Employment; Susan E. Galvão in General Litigation; Robert D. Meade in Insurance Coverage; William M. Murphy in Business Litigation; Matthew G. Parisi in Environmental Litigation; Raymond M. Planell in Estate Planning & Probate; and Nancy J. Rudolph in Estate & Trust Litigation. The Firm proudly congratulates these attorneys on their receipt of this year’s prestigious “Super Lawyers” Award.

BPS Partner, Joe DeGiuseppe, Selected as “2013 Top Rated Lawyer” in Both “Labor & Employment” and “Immigration Law”

We are pleased to announce that BPS Partner Joe DeGiuseppe, who is the head of the Firm’s Labor and Employment Practice Group, has been selected by Martindale-Hubbell™ and the American Lawyer Media as a “2013 Top Rated Lawyer” in both “Labor & Employment” and “Immigration Law.” Mr. DeGiuseppe also has achieved an AV® Preeminent™ Peer Review Rating from Martindale-Hubbell™, the highest rating in legal ability and ethical standards. The Firm warmly congratulates Joe DeGiuseppe on his selection for this prestigious award.

Bleakley Platt Partner, Joe DeGiuseppe, to Speak at Employment Law Update Seminar

Joe DeGiuseppe, the head of the Firm’s Immigration Law and Employment Law Practice Groups, will speak on June 18, 2013, at a CLE accredited seminar being sponsored by Lorman Education Services. Joe will give a presentation on the topic of “Wage and Hour Compliance.”

The Lorman seminar will be held at the Radisson Hotel New Rochelle, One Radisson Plaza in New Rochelle, NY, from 8:30 am to 4:30 p.m. Reservations for this seminar can be made by either contacting Lorman at (866) 352-9539 or by visiting Lorman’s website at www.lorman.com/ID391383.

Bleakley Platt Partner, Nancy J. Rudolph, Appointed to the Governing Board of WVNS Group

We are pleased to announce that Nancy J. Rudolph, who works in the Trusts and Estates Practice Group, has been appointed to the Governing Board of the Westchester Visiting Nurse Services Group, Inc. (WVNS Group), the parent organization of VNS Westchester, the largest nonprofit Medicare-certified community based home healthcare agency in the County and of Westchester Care at Home, its affiliated NYS-licensed home healthcare agency.

A past member of the WVNS Group Board, Nancy has rejoined the Board and will serve as its Treasurer.

BPS Partner, Fredrick J. Martin, Selected As “2013 Top Rated Lawyer in Appellate Law”

We are pleased to announce that BPS Partner Fred Martin, who is a Senior Member of the Firm’s Executive Committee, has been selected by Martindale-Hubbell™ and the American Lawyer Media as a “2013 Top Rated Lawyer in Appellate Law.” Mr. Martin has successfully litigated constitutional due process, freedom of speech and eminent domain claims, statutory construction and Article 78 cases and appeals through the New York Court of Appeals and in the Second and Third Circuit Courts of Appeal of the United States. He recently argued and won a landmark decision in the New York Court of Appeals establishing the constitutionality of newly introduced Video Lottery Terminals at New York race tracks. Mr. Martin also has achieved Martindale-Hubbell™’s AV® Preeminent™ Peer Review Rating, the highest rating in legal ability and ethical standards. The Firm warmly congratulates Fred Martin on his selection for this prestigious award.

Bleakley Platt Partner Robert Braumuller Receives “Above the Bar” Award

We are pleased to announce that Bleakley Platt partner Robert Braumuller was recently named winner of the “Above the Bar” Award as the Leading Corporate Attorney in Westchester County for 2013. Bob is a corporate partner and heads our Health Law practice group. The “Above the Bar” Award was developed to honor the best and brightest Westchester-based attorneys in several categories according to representatives from the Award competition’s co-sponsors, which this year included Pace University Law School, Citrin Cooperman, the Westchester County Business Journal, the Westchester County Bar Association, and the Westchester Women’s Bar Association. A reception honoring Bob and the four others recognized for their achievements in their respective fields will be held at the Pace Law School, on June 6, 2013. The Firm warmly congratulates Bob on his receipt of this year’s prestigious “Above the Bar” Award in the area of Corporate Law.

Bleakley Platt Partner, William P. Harrington Recognized as 2013 “Super Lawyer”

Bleakley Platt is pleased to announce that William P. Harrington has once again been recognized by New York Super Lawyers as a 2013 Top Rated Lawyer in the New York – Metropolitan Area in the areas of Energy, Environmental Litigation, and Land Use. Mr. Harrington has achieved the AV® Preeminent™ Peer Review Rating, the highest rating in legal ability and ethical standards.

BPS Partners Appointed to WCHRC Rules Committee

Bleakley Platt is pleased to announce that BPS Partners James W. Glatthaar and Joseph DeGiuseppe, Jr. have each been appointed to the Rules Committee for the Westchester County Human Rights Commission. The designated assignment for the Committee is to review and recommend changes to the Commission’s current Rules and Regulations to ensure that discrimination complaints are handled in a more efficient and timely manner. Towards that goal, Jim will provide guidance in the area of housing discrimination complaints, while Joe will provide guidance in the area of employment discrimination complaints. The Firm congratulates Jim and Joe on their respective appointments.

Bleakley Platt Partner, Nancy J. Rudolph, to Speak at N.Y.S. Bar Association CLE Program

Nancy J. Rudolph, a partner in BPS’s Trusts and Estates Department, will speak on the topic of  “Special and Alternative Forms of Letters and Proceedings” on December 10, 2012 at a N.Y.S. Bar Association sponsored CLE program on “Probate & Administration of Estates”which will explore the various proceedings involved in probate and estate administration. The program will be held in Westchester County at the Westchester Marriott, 670 White Plains Road, Tarrytown, NY 10591 from 9:00 a.m. to 4:30 p.m. More information on this CLE course can be obtained at www.nysba.org.

Bleakley Platt to Sponsor 2012 OCP Annual Event

Bleakley Platt is pleased to be a Gold Sponsor for the 26th Annual Event of the Orange County Partnership (OCP) to be held on December 4, 2012 at Anthony’s Pier 9, 2975 Route 9W, New Windsor, New York from 5:00 p.m. to 8:30 p.m. This year’s Annual Event will feature Keynote Speaker Stuart Varney, host of Varney & Co. on the Fox Business Network and longtime business journalist. The OCP is a private, not-for-profit economic development agency that serves as the one-stop resource for economic development in Orange County, NY. Our Firm congratulates the members and staff of the OCP on their dedication and tireless efforts to achieve for Orange County the highest level of excellence in economic development in New York State.

Bleakley Platt Partner, Jim Glatthaar, to Speak at Landlord Tenant Law Seminars

James W. Glatthaar, a litigation partner in BPS’s White Plains office, will speak on November 29, 2012, at a 2 hour CLE seminar on Recent Developments in Landlord-Tenant Law & 21^st Century Habitability Issues for the Mount Vernon Bar Association at Ristorante Buona Sera, 546 Gramatan Avenue, Fleetwood, NY.  Topics to be covered include behavioral problems by tenants, such as cigarette smoking, hoarding, mold, bedbugs, criminal activity and similar issues.

On March 12, 2013, Jim will be on a panel for an approved CLE course which will address a wide range of topics on Commercial & Residential Landlord-Tenant Law in NY for Sterling Education Services at the Crowne Plaza Hotel, 66 Hale Avenue, White Plains.  More information on these CLE courses can be obtained from Sterling Education Services at www.sterlingeducation.com.

Bleakley Platt & Schmidt, LLP Client Empire City Casino Granted Summary Judgment

On October 3, 2012, Bronx County Supreme Court Justice Mark Friedlander granted defendant Empire City Casino at Yonkers Raceway’s summary judgment motion and dismissed plaintiff’s negligence claim in Louis Jacobs v. Yonkers Raceway Corporation, Index No.: 304947/09.  Plaintiff alleged that as a result of falling while exiting a Yonkers Raceway shuttle bus due to an alleged protrusion across the edge of the bus doorway she sustained debilitating injuries.  The Court dismissed the claim as plaintiff failed to introduce evidence of any defect.  Bleakley Platt & Schmidt, LLP partner Vincent W. Crowe successfully represented Yonkers Raceway in the case.

Bleakley Platt Partner Mary Ellen Manley Receives “Above the Bar” Award

We are pleased to announce that Bleakley Platt partner Mary Ellen Manley was recently named winner of the “Above the Bar” Award as the Leading Trusts and Estates Attorney in Westchester County for 2012. The “Above the Bar” Award was developed to honor the best and brightest Westchester-based attorneys in several categories according to representatives from the Award competition’s co-sponsors, which this year included Pace Law School, Citrin Cooperman, The Westchester Bank, the Westchester County Business Journal, the Westchester County Bar Association, and the Westchester Women’s Bar Association. A reception honoring Mary Ellen and the four others recognized for their achievements in their respective fields was held at the Pace Law School, Judicial Institute, on April 26, 2012. The Firm warmly congratulates Mary Ellen on her receipt of this year’s prestigious “Above the Bar” Award in the area of Trusts and Estates.

Bleakley Platt Named as one of NYC-Metropolitan Area’s Top Law Firms

We are pleased to announce that BPS was recently named by Martindale-Hubbell as one of the leading law firms in the New York City-metropolitan tri-state area based on the number of attorneys in our Firm who have attained AV® Preeminent Ratings as judged by the confidential opinions of our peers and members of the judiciary. To compile its list of leading law firms, Martindale-Hubbell identified tri-state area law firms having 10 or more attorneys where at least one out of four attorneys had achieved AV® Preeminent recognition. This list is included in the May 21, 2012 issue of New York Magazine. Our Firm deeply appreciates its receipt of this most prestigious honor.

Article Highlights Bleakley Platt Partner Bill Harrington’s “Classic Westchester Story”

The February 2, 2012 online edition of Westfair Online features an article on BPS Partner, William P. Harrington, who was recently named as the new Chair of the Westchester County Association. The article highlights both the professional and personal sides of Bill’s “classic Westchester story” and can be read at the following link: 
click here

Negligence Claim Dismissed Against BPS Client

On January 3, 2012, N.Y. Supreme Court Justice, Richard M. Platkin, granted Defendant Ross Court Plumbing, Inc.’s CPLR 3212 motion for summary judgment dismissing Plaintiff’s negligence claims arising from exposure to lead-based paint at a premises located in Albany, New York, from 1992 through 1996. During that time, the premises was owned by defendants Iron Creek and Renaissance Rehabilitation. BPS’s client Ross Court Plumbing was employed by Iron Creek and Renaissance to provide services regarding the premises. Plaintiff alleged that Ross Court was negligent as a property manager in failing to discover and/or remediate the lead-based paint condition at the premises.

Ross Court’s motion argued that although factual issues exist concerning the scope of the property management services provided by Ross Court and/or its involvement in the remediation efforts, there were no facts tending to demonstrate that the agreement between Ross Court and Iron Creek and Renaissance was sufficiently comprehensive as to give rise to an independent duty of care to the plaintiff in this action. The Court adopted BPS’s argument and granted summary judgment to Ross Court.  Click here for the full decision.

Bleakley Platt Partner, Jim Glatthaar, to Speak at Landlord Tenant Law Seminar

James W. Glatthaar, a litigation partner in BPS’s White Plains office, will speak on January 31, 2012 at a seminar on “Landlord Tenant Law: Surviving in a Difficult Economy” sponsored by Sterling Education Services, Inc. Jim will speak on the topics of “Leases: An Ounce of Prevention,” “Tenant’s Rights and Obligations” and “Ethical Considerations in Landlord Tenant Law.” The seminar will cover the essential legal and practical aspects of landlord-tenant law for which CLE credit will be given. More information on this seminar can be obtained from Sterling’s website, which is https://store.sterlingeducation.com/seminar/12NY01033

Bleakley Platt Client ECCYR Granted Summary Judgment In Three Lawsuits

Bleakley Platt Client, Empire City Casino at Yonkers Raceway, was recently granted summary judgment in the following three lawsuits:

• In Panariello v. Yonkers Racing Corp., Supreme Court, Nassau County, Bleakley Platt & Schmidt, LLP, obtained dismissal on summary judgment for a claim arising when plaintiff claimed that she was caused to trip and fall on a ramp at the Casino premises. BPS Litigation Partner Vincent Crowe, appearing for Empire City Casino, argued that the ramp and the carpeting covering it were not inherently dangerous and was readily observable by the reasonable use of one’s senses. The trial Court adopted Bleakley Platt & Schmidt’s argument and dismissed the case in its entirety. [Link to case.]
• In Caivano v. Empire City Casino at Yonkers Raceway, Supreme Court, Rockland County, summary judgment was granted where plaintiff was unable to offer proof that defendant had actual or constructive notice of the alleged dangerous condition. The Court noted that for purposes of establishing liability for a slip and fall claim, general awareness that a dangerous condition may be present is legally insufficient to constitute notice of a particular condition that caused plaintiff’s fall. [Link to case.]
• In Paul Gallo v. Yonkers Racing Corp., Supreme Court, Westchester County, plaintiff alleged that he was injured when he stepped into a hole as he dismounted from a truck while delivering propane on defendant’s property. The Court agreed with the argument of Vincent Crowe that the ground upon which plaintiff fell did not constitute a dangerous condition, and granted summary judgment dismissing all claims. [Link to case.]

Suit Against NYS Dismissed After Trial In Court Of Claims

BPS Litigation Partner Vincent Crowe prevailed after trial in an action alleging that excessive force was utilized during the course of claimant’s arrest at Empire City Casino. Claimant asserted assault and battery against a New York State police investigator arising out of an incident of September 12, 2007, where he was arrested and charged with menacing, resisting arrest and disorderly conduct.

The Court analyzed plaintiff’s claim under the standard of objective reasonableness deriving from the Fourth Amendment to the United States Constitution protection against unreasonable seizures of the person. Mr. Crowe introduced expert testimony that the State Police Investigator acted in accordance with proper police practice and procedure in arresting claimant, and in the amount of force used in making the arrest.

Court of Claims Judge Stephen Mignano concluded that claimant’s testimony that the plainclothes officer did not identify himself as a police officer prior to his use of force became “murky” upon cross examination. The Judge also noted that claimant’s testimony was evasive, and the probative value of claimant’s testimony was minimized by his demeanor on the stand, and his announcement, while being cross examined that “he had answered enough questions.” The Court adopted Bleakley Platt & Schmidt’s arguments and dismissed the case.
[Link to case.]

Bleakley Platt Partner, Bill Harrington, to Chair WCA Healthcare Reform Symposium 2011

William P. Harrington, who is the Chair of the WCA Blue Ribbon Task Force on Healthcare Reform, will chair and moderate an all-day symposium on Healthcare Reform on September 22, 2011 from 8:00 a.m. to 6:30 p.m. at the Westchester Marriot, Tarrytown, New York. As part of this Symposium, the nation’s leading authorities will diagnose the vexing problems in healthcare, expose the true cost drivers, and identify solutions and policy recommendations. The Symposium’s session topics will include: Understanding the real cost drivers of healthcare; New models of healthcare delivery; How business can take control of healthcare costs; What insurance will look like in the future; and Advocacy and legislative next steps. Bill’s comments on the Symposium’s subject of Healthcare Reform and its anticipated impact on businesses in Westchester County can be heard at the following linked video: click here

Medical Malpractice Claims Dismissed Against BPS Client

On June 9, 2011, N.Y. Supreme Court Justice, Mary H. Smith, granted Defendant LifeNet, Inc.’s CPLR 3211 motion to dismiss Plaintiff’s medical malpractice claims in Kumar v. Westchester Cty. Health Care Corp., et al., Index No. 2010/30914. In a prior special proceeding wherein Plaintiff successfully sought an Order granting him permission to serve a late notice of claim against the Westchester Medical Center defendants, Plaintiff represented to the Court that the Westchester Medical Center defendants were responsible for Plaintiff’s injury by definitively arguing that the injury was not present when Plaintiff had arrived at the Westchester Medical Center. Notwithstanding this earlier claim, Plaintiff subsequently alleged that LifeNet had caused Plaintiff’s injury prior to Plaintiff’s arrival at the Westchester Medical Center. In dismissing Plaintiff’s claims against LifeNet upon the grounds of judicial estoppel, the Court held that Plaintiff was “playing fast and loose with the Courts” and that Plaintiff “simply cannot have it both ways.” BPS Partner John Diaconis and BPS Associate Justin Gardner successfully represented LifeNet, Inc. in this case.

Bleakley Platt Welcomes Leo Zucker, Esq. to the Firm

Bleakley Platt is pleased to announce that Leo Zucker has become Of Counsel to the Firm. Leo has more than 25 years’ experience in the area of patent and trademark law, and is a member of the New York State Bar. His practice includes the preparation and prosecution of patent applications in the U.S. and abroad in the fields of electronics, communications, optical systems, medical devices and tools. He also conducts trademark searches and renders opinions with respect to the registration of various classes of trademarks and service marks. Leo is licensed to practice before the United States Patent and Trademark Office and in federal court. He received his J.D. degree from St. John’s University School of Law, and his M.S.E.E. degree from the New York University Graduate School of Engineering.

Annual WESFACCA Ethics Seminar to Feature BPS Partners

This year’s Annual WESFACCA Ethics Seminar will feature BPS Partners, Jonathan Murphy, Bill Murphy and Susan Galvão who will respectively speak at the seminar on the following topics: “Outside Counsel and Conflicts of Interest: the Rules, the Risks and the Right Way to Approach”; “Ethical Issues in Internal Corporate Investigations”; and “Ensuring A Sound and Ethical Document Retention Policy in Light of the 2009 Enactment of the ‘Lilly Ledbetter Fair Pay Act.’ ”

Jonathan, Bill and Susan are each members of our Firm’s Litigation Practice Group. Jonathan also co-chairs our newly formed Construction Law Practice Group, together with BPS Partner John Hannigan.

The WESFACCA seminar will be held at IBM’s offices in Armonk, New York, from 8:30 a.m. to 12:00 p.m., and will offer three Ethics/Professional NY Transitional/Non-Transitional NY CLE credits to New York State Attorneys who attend the seminar. Reservations for this seminar can be made by contacting Lee Cushman, Executive Director, WESFACCA, either at 203-461-9004 or wesfacca@wesfacca.com.

Bleakley Platt Partner, Joe DeGiuseppe, to Speak at Lorman Seminar

Joe DeGiuseppe, the head of the Firm’s Labor and Employment Law Practice Group, will speak on September 24, 2010, at a seminar being sponsored by Lorman Education Services on “Employment Law From A to Z.” Joe will give presentations on the topics of “Wage and Hour Compliance” and “Personnel Documents and Records Retention.”

The Lorman seminar will be held at the Crowne Plaza Hotel Downtown in White Plains, New York, from 8:30 am to 4:30 p.m. Reservations for this seminar can be made on Lorman’s website at www.lorman.com.