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.Read More
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.Read More
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.Read More
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.Read More
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.Read More
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.Read More
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.Read More
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 & 21st 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.Read More
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.Read More
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.Read More
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.Read More
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:
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.Read More
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/12NY01033Read More
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.]
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.]
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 hereRead More
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.Read More
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.Read More
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 email@example.com.Read More
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.Read More
BPS client Yonkers Raceway prevailed before Region 2 of the NLRB on the novel issue of whether the Board should apply the doctrine of “equitable tolling” to an otherwise untimely filed representation petition under the Board’s “contract bar” rule that had previously been timely filed by LEEBA with the N.Y.S. Employment Relations Board (“SERB”) in June 2009. The issue arose after SERB decided to conduct a hearing in August 2009 concerning its continued jurisdiction over Yonkers Raceway’s newly expanded “racino” operations (i.e., combined casino and harness racing operations) based on 1997 NLRB precedent asserting jurisdiction over harness racing tracks that had been expanded to include casinos. After the hearing on the jurisdictional issue, SERB in October 2009 certified the issue for an advisory opinion from the NLRB in Washington, D.C. Yonkers Raceway and the incumbent union finalized a new three-year CBA in December 2009 through “good faith” bargaining after their prior agreement had expired on August 31, 2009.
After the NLRB rendered a May 2010 advisory opinion, 355 N.L.R.B. No. 35, that it would exercise jurisdiction over Yonkers Raceway’s new “racino” operations (which had been expanded to include a N.Y.S. Lottery “casino” in October 2006), LEEBA filed a representation petition with the NLRB in July 2010. At a jurisdictional hearing held before Region 2 of the NLRB in July 2010, BPS partner Joe DeGiuseppe successfully argued that the NLRB should not apply the doctrine of “equitable tolling” to LEEBA’s newly filed petition in that LEEBA’s “inexcusable ignorance” of the above-stated 1997 Board precedent on exercising jurisdiction over “racinos,” together with its knowledge gained from the August 2009 SERB hearing that Region 2 had previously exercised jurisdiction over Yonkers Raceway based on this 1997 precedent, did not warrant the application of this equitable doctrine. Region 2 therefore dismissed LEEBA’s representation petition under the NLRB’s “contract bar” doctrine based on the CBA finalized in December 2009 between Yonkers Raceway and the incumbent union.Read More
John Diaconis and John Murphy of Bleakley Platt and Schmidt have been successful in obtaining a grant of partial summary judgment on the duty to defend under a Director’s and Officer’s Liability policy issued to the Town of Yorktown. The grant of partial summary judgment was issued by Hon. Richard Liebowitz, Supreme Court Justice in Westchester County in Town of Yorktown, et al., v. Landmark American Insurance Company, pending in Westchester Supreme Court. The Court rejected Landmark’s contention that coverage was barred by the regulatory takings exclusion contained in the Policy. The Court directed Landmark to defend the Town, and its individual Board Members, with respect to the Old St. George Winery action which is currently pending in Federal Court.Read More
Jim Glatthaar of Bleakley Platt & Schmidt presided over what may be the first meeting of its kind in New York: an annual shareholder’s meeting for a residential cooperative where the Board of Directors was elected by on-line voting. BPS has represented the Surrey Strathmore, a White Plains cooperative corporation, for over 13 years. Surrey Strathmore has not elected directors since 2006 since a quorum of shareholders, more than 50%, has not been present.
When struggling with ways to increase shareholder participation, one of the directors, Allison Keilman, devised the idea of on-line voting at the annual meeting. She presented her idea to Jim Glatthaar, who researched the relevant statutes and determined that electronic voting was consistent with the New York State Business Corporation law.
Together, Allison and Jim created a process which gave all candidates for the Board of Directors time to announce their candidacy, upload biographies and photos of themselves on line, and allow voting starting one week prior to the annual meeting. In addition, the on-line voting period was extended to 12:00 noon the day after the annual meeting. This process allowed any shareholder who attended the meeting to speak with the candidates and cast their ballots after meeting the various candidates.
On-line voting was a tremendous success. Seventy (70%) percent of the shareholders participated, either live or on-line, meaning that the Surrey Strathmore achieved a quorum and elected directors for the first time in years. Moreover, those shareholders who wish to participate, but were busy or turned off by the annoying personalities who sometimes dominate residential cooperative annual meetings, could read the candidate biographies, speak with the candidates and cast their votes from their desktop or laptop computer in their home or office. Finally, the meeting was efficient and was concluded within 25 minutes.
Habitat Magazine, a magazine geared toward cooperatives and condominiums, attended the meeting and will be reporting on electronic voting in a future issue.Read More
John S. Diaconis, a member of the Firm’s Insurance Practice Group, will speak at the AIDA Reinsurance & Insurance Arbitration Society (“ARIAS U.S.”) Spring Conference in Coronado, California on Friday, May 7, 2010. The Conference is entitled “Arbitration is A-Changin’: Learn About New Reforms or Be Left Behind,” and it will emphasize change and industry reforms to improve insurance and reinsurance arbitration. John will speak on “Mediation’s Role in Reform.”
ARIAS U.S.is a not-for-profit corporation that promotes improvements in the insurance and reinsurance arbitration process for both the domestic and international markets.Read More
Bleakley Platt is once again proud to sponsor The Yonkers Chamber of Commerce Networking Breakfast which will be held this year on Tuesday, February 23rd. This year’s event will feature keynote speaker Joseph Apicella, Executive Project Manager, Streuver Fidelco Cappelli LLC (SFC), who will discuss the $1.5 billion revitalization plan for the downtown area of the City of Yonkers, New York, which will be the largest development plan ever undertaken in Westchester County. The Yonkers downtown redevelopment plan currently envisions the construction of 1,436 housing units, a 6,500-seat baseball stadium, a 150-room hotel, a new municipal justice center, new headquarters for the Fire Department, a 150,000-square-foot office building and the “daylighting” of the Nepperhan River with a river walk, among other elements.
The Networking Breakfast will be held at The Royal Regency Hotel located at 165 Tuckahoe Road in Yonkers, New York, starting at 7:30 a.m. Reservations for this event can be made by contacting The Yonkers Chamber of Commerce at (914) 963-0332.Read More
Joe DeGiuseppe, the head of the Firm’s Immigration Law and Employment Law Practice Groups, will speak on February 23, 2010, at a CLE accredited seminar being sponsored by Sterling Education Services, Inc. (SES) on the “Fundamentals of Employment Law in New York.” Joe will give presentations on the topics of “Immigration Compliance Issues for Employers” and “Basic Labor Law.”
The SES seminar will be held at the Crowne Plaza Hotel Downtown in White Plains, New York, from 8:30 am to 5:00 p.m. Reservations for this seminar can be made by contacting SES at (715) 855-0498.Read More
On January 23, 2010, our friend, colleague and Chairman, William F. Harrington, affectionately known as “BJ,” passed away at the age of 78. Born on December 3, 1931 in Yonkers, New York to William Patrick and Jane Harrington, he attended St. Joseph’s Grammar School and Gorton High School in Yonkers. He received a degree in accounting from Manhattan College in 1953 and his law degree from Fordham University School of Law in 1959. He joined the Firm in 1959 where he practiced law for 51 years and served as our Chairman and Managing Partner for 35 years. He was an accomplished attorney in trust and estate litigation and oversaw the growth of Bleakley Platt into one of the premier law firms in the region. He served as Legislative Council to Lt. Governor Malcolm Wilson between 1964 and 1973 and Town Attorney for the Town of Pound Ridge from 1980 to 1985 and Town Justice between 1985 and 1991.
A devout and dedicated Roman Catholic, BJ served his church and the Archdiocese of New York throughout his life. He was a Trustee of St. Joseph’s Seminary and St. Patrick’s Cathedral, a member of the Cardinal’s Committee of the Laity and the Archdiocese’s Inner City Scholarship Fund. He served as the Chairman of St. Agnes Hospital in White Plains, New York and as Vice Chairman of St. Joseph’s Medical Center’s Health Fund in Yonkers, New York. He was a proud member of the Friendly Sons of St. Patrick of Westchester County, serving as the Chairman of the Society’s Board of Stewards for over 25 years.
Mr. Harrington also served on the Board of Directors of his beloved Fordham Law School, where he was instrumental in the creation of the Cardinal John O’Connor Chair for Theological Studies. He also served as a founding member of the Boards of Directors of Pace Law School and The Ave Maria School of Law. He also served as a member of the Board of Directors of Sacred Heart High School, Iona Prepatory School and the School of The Holy Child. At the time of his death, BJ was the moving force behind the construction of the new Elizabeth Seton Pediatric Hospital in Yonkers, serving as the Hospitals Capital Campaign Chairman.
BJ was a Knight of Malta, Knight of the Order of St. Gregory the Great and humbly accepted various awards throughout his life including the St. Thomas Moore Award, The Fordham Law School Medal of Achievement, the Charles Carroll Award from the Catholic Guild of Lawyers, the Cardinal’s Committee of Laity Award, the Pro Eccelesia Et Pontifice Medal and the Humanitarian Award for Life. In addition BJ proudly served as Grand Marshall for the Yonkers St. Patrick’s Day Parade.
BJ is survived by his loving wife of 55 years, Audrey (Kazimir), his sons William (Carolyn) Harrington of Pound Ridge, New York; Brian (Elizabeth) Harrington of Pound Ridge, New York, Peter (Danielle) Harrington of Waccabuc, New York and daughters Mary Pat McCarthy and Mary Beth Harrington of Pound Ridge, New York and nine grandchildren Caitlyn, Meagan, Emily, Luke, William Finian, Caroline, Hanna, P.J. and Jill. He is also survived by his two loving sisters Mary Harrington and Jane Devlin.Read More
Bleakley Platt is pleased to announce that Jonathan A. Murphy has become a member of the Firm. Jonathan is a graduate of Brooklyn Law School and is admitted to practice in New York. His practice areas include Environmental Law; Environmental Litigation and Regulatory Law; Toxic Torts; Property Loss; Construction Defects; Business Loss Litigation; Administrative Law; and Defense Litigation. Jonathan was a member of the firm of Lester Schwab Katz & Dwyer in New York City where he headed the environmental group as well as the construction defect and property loss practice. He resides with his family in Wilton, Connecticut.Read More
Bleakley Platt is pleased to announce that William P. Harrington has been appointed to the transition team of the incoming Westchester County Executive Rob Astorino. Mr. Astorino will be sworn in as County Executive on January 1, 2010, succeeding Andrew J. Spano who has served as Westchester County Executive since 1998.
The Firm is also pleased to announce that James W. Glatthaar has been appointed to the transition team of White Plains Mayor-elect Adam Bradley. Mr. Bradley, who was born and raised in White Plains, has served as an Assemblyman since 2003. He will be sworn in as Mayor on January 1, 2010 to replace Joseph M. Delfino, who retires from office on December 31, 2009.
The Firm proudly congratulates Bill and Jim on their respective appointments.Read More
Bleakley Platt is pleased to have been one of the sponsors for the 23rd Annual Event of the Orange County Partnership (OCP) held on December 1, 2009 in New Windsor, New York. The OCP is a non-profit organization which is committed to the economic growth and development of Orange County. This year’s Annual Event featured Keynote Speaker Ric Edelman, the nationally syndicated radio host, best selling author and #1 rated Independent Financial Advisor. The 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.Read More
Bleakley Platt is pleased to announce that it has been named a “Go-To Law Firm” for 2009 by The Guardian Life Insurance Company of America. In light of this recognition, the Firm will be featured in the Sixth Annual edition of In-House Law Departments at the Top 500 Companies, a legal reference guide distributed to over 20,000 General Counsel across the United States and Canada, including CEOs and General Counsels at the Fortune 1000 companies. The Firm greatly appreciates this recognition by one of our longstanding corporate clients.Read More
On June 30, 2009, Bleakley Platt obtained a decision by the Appellate Division, Second Department, denying plaintiffs’ motion for preliminary injunctive (PI) relief and dismissing the complaint against our Firm’s client, Orange Regional Medical Center (ORMC) with respect to the issue of whether ORMC was required to pay prevailing wage rates for all electrical contracting work being performed on ORMC’s ongoing $306 million construction project. The project will replace ORMC’s two current hospitals with a brand new, state of the art medical facility in Wallkill, New York – the first new freestanding hospital to be built in New York State in more than 20 years.
The case raises an issue of first impression concerning whether ORMC’s receipt of a $24.6 million grant from the N.Y.S. Department of Health pursuant to the Healthcare Efficiency and Affordability Law for New Yorkers (“HEAL NY”) had the effect of requiring the entire $306 million of construction work on the new hospital to be performed at prevailing wage rates or whether only the construction work funded by the HEAL Grant had to be performed at prevailing wage. Reversing the lower court, the Second Department ruled in favor of ORMC’s position that only the work funded by the HEAL Grant needs to be performed at prevailing wage rates.
The June 30 decision allows ORMC to proceed with the new medical facility construction project. BPS Partners, William M. Murphy and William P. Harrington, represented ORMC in the case with the assistance of Susan Galvao and Robert Meade. Bill Murphy successfully argued the appeal.Read More
Bleakley Platt is pleased to have sponsored the 2009 Harness Racing Museum and Hall of Fame Induction Ceremonies and Dinner on July 5, 2009 in Goshen, New York. Among this year’s HOF inductees was Timothy J. Rooney, President of Yonkers Racing Corporation. For more than 35 years, Tim has greatly influenced the Standardbred sport as President of one of Harness Racing’s most successful tracks, Yonkers Raceway, as well as being a prominent owner and horse breeder. The Firm warmly congratulates our long-time friend and client Tim Rooney on his well-deserved election to the Harness Racing Hall of Fame.Read More
Bleakley Platt is pleased to announce the formation of its Interest Recovery Practice Group, effective July 1, 2009. The Interest Recovery Practice will help the Firm’s corporate clients address the problem of complex and difficult to identify IRS interest computation errors and omissions on taxes and refunds or credits. These errors regularly cost individual corporations millions of dollars, which often, due to the difficulty of identifying the potential recoveries, remain unclaimed.
The Firm is also pleased to announce that Joe Incorvaia and Tim Joyce have become Members of the Firm effective July 1, 2009, and will co-head the Interest Recovery Practice Group. With experience in complex corporate tax controversies and IRS interest computations dating back to 1979, Joe and Tim have a solid understanding of the specialized technologies in the field, fluency in the complex tax transcript data that IRS interest specialists use and an up-to-date knowledge of the rules, practices and procedures that underlie IRS interest computations. BPS congratulates and welcomes them as Members of the Firm!Read More
Bleakley Platt is proud to have been one of the primary sponsors for the 18th Annual Golf Classic hosted by our client Orange Regional Medical Center to benefit ORMC’s Comprehensive Cancer Care Program. ORMC’s oncology program provides a wide spectrum of care that includes cancer prevention, early detection and advanced treatment. The Annual Golf Classic helps make this care possible through the generosity of the Classic’s sponsors and players, and the support of the overall community. This year’s Classic was held on June 15, 2009, at the Otterkill Golf & Country Club in Campbell Hill, New York, and was attended by BPS Partners Bill Harrington, Matt Parisi, Bill Murphy and Joe Madden.Read More
William F. Harrington, Chairman of our Firm’s Executive Committee, will receive the Thomas J. Caramadre, Jr. Humanitarian Award on March 25, 2009, at the 17th Annual Yonkers Women of Excellence Awards Luncheon sponsored by The Yonkers Chamber of Commerce Women in Business Committee. This Award (which was established in memory of the late Thomas J. Caramadre, Jr., former president of the Yonkers Chamber of Commerce) is presented to an individual who has spearheaded an initiative, project or program that has benefited both the business community and the community as a whole. The Firm warmly congratulates “BJ” Harrington on his receipt of the Thomas J. Caramadre, Jr. Humanitarian Award.Read More
Bleakley Platt Partner, Brian E. Lorenz, Nominated For Prestigious “Independent Counsel of the Year Award”
Brian E. Lorenz, the head of the Firm’s Corporate Practice Group, has been nominated as one of the finalists for the “Independent Counsel of the Year Award” which is one of the awards to be issued as part of the 16th Annual Mutual Fund Industry Awards on March 19, 2009. Brian was selected for this nomination based on his accomplishments during the past year on behalf of four separate Boards at the Franklin Templeton Funds. The Firm proudly congratulates Brian on his nomination for this prestigious award.Read More
Bleakley Platt is pleased to announce that Joseph M. Incorvaia and John J. Murphy have recently joined our Firm in the respective positions of Counsel and Associate.
Joe Incorvaia has more than 30 years’ experience in advising clients in the areas of corporate, partnership and individual business tax planning and resolution of controversies involving the calculation of interest on Federal tax obligations. He has been a guest speaker and panelist for the American Petroleum Institute Tax Section, the American Bar Association and the Tax Executives Institute. Joe received his L.L.M. degree in Taxation from the New York University School of Law and his J.D. degree from St. John’s Law School. He currently resides in Riverside, Connecticut.
John Murphy has a broad litigation background with extensive pretrial and appellate experience. His trial background has included both civil and criminal litigation, including legal malpractice, family court and real property matters. Prior to joining the Firm, John worked on complex litigations at several large Manhattan firms, and privately litigating various civil matters from eminent domain to adverse possession. He received his J.D. degree from the Fordham University School of Law, and now resides in New City, New York.Read More
Bleakley Platt is once again proud to sponsor The Yonkers Chamber of Commerce Networking Breakfast which will be held this year on Tuesday, February 24th. This year’s event will feature a presentation on the recently re-opened Intrepid Sea, Air & Space Museum after a two-year renovation and restoration project. The interior of the ship has been completely renovated with new exhibits which allow visitors to see never before seen “behind the scenes” areas, like the Foc’sle and crew quarters, allowing a new perspective as to what life was really like aboard the Intrepid.
Built in 1943, the USS Intrepid and her crew have a distinguished history of service including tours of duty in both World War II and Vietnam. The Intrepid also served as NASA’s primary recovery vessel before being retired in 1974. In 1982, the Intrepid Museum was opened to the public and has now received more than 10 million visitors.
The Networking Breakfast will be held at The Royal Regency Hotel located at 165 Tuckahoe Road in Yonkers. Reservations for this event can be made by contacting The Yonkers Chamber of Commerce at (914) 963-0332.Read More
Bleakley Platt is pleased to announce that Judy B. Brownstein and Jason G. Neroulias have recently joined our Trusts & Estates Practice Group in the respective positions of Counsel and Associate.
Ms. Brownstein has extensive experience in drafting of wills, trusts and other estate planning documents and in estate and trust administration and related tax issues. Prior to joining the Firm, she was a partner in a midsize Manhattan law firm and also was Of Counsel for many years to a Westchester law firm. Ms. Brownstein was the author of the 1985-1988 revision and supplement of Klipstein and Brownstein, “Drafting New York Wills,” published by Matthew Bender, Inc., and has lectured on estate planning and estate administration. She received her J.D. degree from Columbia University Law School.
Mr. Neroulias’ experience includes counseling clients on tax and estate planning issues, drafting wills and trusts, representing corporate and individual fiduciaries in trust and estate administration matters, and advising public charities and private foundations with respect to formation, operating procedures and compliance. He received his J.D. degree from New York Law School.Read More
James W. Glatthaar, litigation partner in Bleakley Platt & Schmidt’s White Plains office, will speak on November 12, 2008 at a seminar on “Evictions: Residential and Commercial” sponsored by Lorman Education Services. Mr. Glatthaar will speak on the topics of “The Rental Process,” “The Litigation Process,” “Tenant’s Rights and Defenses,” “Yellowstone Injunctions,” “Building Security Issues,” “Mold, Bedbugs and Other Habitability Issues” and “Tenants’ Behavioral Problems and Options Available to Landlords.” The seminar will cover the process of renting commercial or residential premises, preliminary steps before litigation, how landlord-tenant cases are litigated, defenses available to tenants, ethical issues in evictions and current topics and issues in landlord-tenant law.Read More
Bleakley Platt is pleased to announce that several of its attorneys have been recognized by New York Super Lawyers 2008 as being among the top attorneys in the New York-Metropolitan Area in their respective practice areas. Only 5 percent of the total lawyers in New York are selected for the prestigious Super Lawyers’ recognition.
The Bleakley Platt attorneys named as 2008 New York Super Lawyers are the following in the indicated practice areas: William P. Harrington, Environmental Litigation; Robert D. Meade, Insurance Coverage; and Mary Anne Wirth, Criminal Defense: White Collar. Bill Harrington and Mary Anne Wirth also received the same Super Lawyers’ recognition in 2007.Read More
James W. Glatthaar, litigation partner in Bleakley Platt & Schmidt’s White Plains office, will speak on the topic of “Housing Discrimination” on October 16, 2008 at a seminar on “Discrimination & Fair Housing in Real Estate Management” at the NYARM Real Estate Expo. The seminar will be from 1:30 p.m. to 4:30 p.m. at the Hampshire Country Club in Mamaroneck, New York. For more information, please call (212) 216-0654.Read More
Bleakley Platt is pleased to announce that Daniel W. Morrison, the head of the Firm’s Insurance Practice Group, and a member of our Litigation and Environmental Practice Groups, has been recognized by Super Lawyers 2008 as among the top attorneys in New York State in the area of Civil Litigation Defense. Only the top 5 percent of attorneys in each state, as chosen by their peers and through the independent research of Law & Politics, are selected for the prestigious Super Lawyers recognition in their practice area. In 2007, Mr. Morrison was recognized by Super Lawyers as among the top New York attorneys in the area of Environmental Law.Read More
Joseph DeGiuseppe, Jr., the head of the Labor & Employment Practice Group of Bleakley Platt & Schmidt, will speak on September 16, 2008, at the first of a series of lectures sponsored by the Municipal Law Section of the Westchester County Bar Association on various employment and housing discrimination issues involving public officials, municipalities and school districts. Mr. DeGiuseppe will address the issue of the investigation and defense of sexual harassment claims against municipalities and public officials, including the development of effective sexual harassment policies and procedures, the implementation of comprehensive investigation measures, and the use of appropriate disciplinary actions, if necessary.Read More
Peter N. Bassano, the head of the Real Estate and Commercial Finance Practice Groups of Bleakley Platt & Schmidt, was recently involved in “one of the largest and most complex transactions completed in Manhattan this year” concerning the relocation of Newsweek’s corporate headquarters to 395 Hudson Street pursuant to a long-term lease agreement for approximately 163,000 square feet with the New York City District of Carpenters Pension Fund. Mr. Bassano acted on behalf of the Pension Fund. The full details of the transaction are set forth in the linked article from the May 14, 2008 edition of Real Estate Weekly.Read More
John A. Risi, a partner in the Firm’s Litigation, Insurance Law and Product Liability Practice Groups, has been named as one of Westchester County’s “40 Under 40 Rising Stars” by the Business Council of Westchester. John represents clients in a wide range of general civil litigations, trials and appeals, including land use, contract, corporate and negligence matters, and has represented Fortune 100 companies in the defense of significant products liability actions. Modeled after the national business recognition program “Forty Under Forty,” Rising Stars pays tribute to individuals who are making their mark in their chosen profession at a young age. The Business Council’s Rising Stars award recognizes young leaders in Westchester who surpass expectations, raise the bar and set new standards for success. This year’s winners include individuals from diverse industries, including education, health care, finance, publishing, advertising, information technology, real estate and not for profit. The Business Council of Westchester’s 2008 Rising Stars’ awards will be presented on Thursday, June 19th at MasterCard Worldwide in Purchase.Read More
Bleakley Platt is proud to sponsor the Orange County Chamber of Commerce General Membership Breakfast on June 17, 2008, featuring Keynote Speaker Jonathan Mogelever, Director of Development, Orange County Land Trust. Mr. Mogelever will talk about the Orange County Land Trust’s mission of preserving “the fields, forests, wetlands, ridgelines and river corridors in Orange County,” while still supporting responsible growth in the county. The Orange County Land Trust has been in existence since 1993 and has preserved 3,000 acres of land and water throughout the county through voluntary protection. The Trust is currently in the process of re-evaluating its mission, with a goal of creating a stronger presence for land conservation in Orange County, as well as to enhance public understanding of the Trust, including the fact that it is not anti-growth nor anti-development.
The General Membership Breakfast will be held at Kuhl’s Highland House located at 512 Highland Avenue Extension in Middletown. Reservations for this event can be made by contacting the Orange County Chamber of Commerce at (845) 457-9700.Read More
Matthew G. Parisi, a partner in the Firm’s environmental and general civil litigation departments, was the panel moderator for the inaugural Westchester County Association’s First Time Home Buyers Workshop Series event at Reid Castle at Manhattanville College in Purchase, New York on April 29. The panel discussion, entitled ” Mortgages in the New Economic Climate: Can Young Business Professionals Afford to Live in Westchester County,” is sponsored by the County Association’s Young Professionals Advisory Committee. It is the first in a special three part workshop series exploring the affordability of area housing for Westchester County’s young business professionals. The Advisory Committee was established by the Westchester County Association to create a platform for young professionals to develop professionally, build business relationships, and help contribute to the economic vitality of Westchester County businesses and the community. Mr. Parisi, a member of the Advisory Committee, moderated a discussion by two prominent real estate and mortgage professionals from area lending organizations.Read More