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Sahn Ward Coschignano, PLLC

In The Spotlight

Commercial Litigation & Appeals Practice

Members of the Firm's Litigation & Appeals Practice

One of the Firm's core practice areas is the representation of clients in state and federal trial and appellate courts in disputes involving a wide variety of commercial, real property, municipal and land use matters. Our guiding principal is to counsel clients to limit the risks and costs of proceeding to litigation. Yet, when circumstances dictate, we dedicate our efforts to achieve our clients’ goals and protect their rights through the courts.

Over the past several months, the Firm has obtained a number of impressive rulings from trial and appellate courts which highlight the diversity and complexity of the Firm's litigation practice.

We are pleased to share these rulings with you below.

Jon Ward, Partner
Litigation & Appeals Practice

Land-Use and Zoning: We obtained a reversal in the Appellate Division, Third Department, of an adverse judgment against the Firm’s client which purported to limit the client’s use of a private 2.1 mile motorcycle racetrack on a 134 acre, FAA licensed airport in upstate New York. The trial court fund that a town’s site plan approval of the track limited its permissible uses, even though the town had no zoning ordinances otherwise limiting its use. The Appellate Division reversed, finding that the trial court improperly granted summary judgment to the opponents of the track.

Municipal Law/Condemnation of Real Property: The Firm obtained an affirmance of a favorable judgment for a municipal client in a condemnation proceeding. The municipality condemned a commercial property in connection with a downtown revitalization project and failed to name the holder of a tax lien on the property to the proceeding. The tax lien was inadvertently extinguished in the proceeding without payment of compensation to the holder. Several years later, the holder of the tax lien realized that its lien had been extinguished and it sought money damages for the unlawful extinguishment of its lien. We were successful in securing a dismissal of the claim on the ground that it was untimely, which finding was affirmed on appeal.

Automobile Dealership Law: Protecting the franchise rights of a dealer in a case of first impression, we defeated a motion for a preliminary injunction in the Commercial Division of the Nassau County Supreme Court brought by certain Audi dealerships on Long Island seeking to enjoin the Firm's client from opening a new Audi dealership on Long Island.

Insurance Coverage: We obtained a summary judgment compelling an insurance company to defend our client in an underlying litigation over easement rights.

Municipal Law/Condemnation/Civil Rights Law: Keeping the doors open for a family-owned business, our attorneys obtained a temporary restraining order and preliminary injunction in the Nassau County Supreme Court enjoining a municipality from enforcing a condemnation order directing the Firm's client to vacate an allegedly unsafe commercial building. The TRO and preliminary injunction prevented the closure of the client's business which had been operating from the same location since 1923. The case was covered by News4 New York.

Contract Law/Letter of Intent: Enforcing a letter of intent, a temporary restraining order was obtained in the Commercial Division of the Nassau County Supreme Court which was continued by the United States District for the Eastern District of New York after the case was removed to that court enjoining a group of affiliated pharmaceutical businesses from selling their assets in violation of a letter of intent entered into with our client.

Real Property Law/Easments: We obtained a a temporary restraining order and preliminary injunction to keep a developer from cutting off utilities to a client's commercial building and from interfering with the client's rights of vehicular ingress and egress over and on the developer’s property and the right to park on the developer's property.

Real Property Taxation/Civil Rights: In order to recover title to a Vietnam Veteran’s home, we commenced an action in the United States District Court for the Eastern District.  The veteran had lost the house to a municipality for non-payment of real property taxes. We challenged the constitutionality of the municipality's real property tax collection procedures. The case settled with the municipality restoring title to the residence to the client.

Construction Law/Mechanic's Lien Foreclosure: The Firm negotiated a settlement, at trial, on behalf of a property homeowner whose property had been subjected to a mechanic’s lien, following a dispute regarding the payment of several hundred thousand dollars of renovation costs to his multimillion-dollar home located along Nassau's Gold Coast.

Restoring a Real Estate Broker’s License: We recently successfully represented a real estate broker in an appeal before a New York State Department of State Administrative Law Judge resulting in the restoration of the broker’s license.

Unfair Competition: Protecting the rights of a business name, the Firm represented a restaurant owner who, following litigation, was able to retain the use of his restaurant’s name, when a competing restaurant sought to restrain the client from doing so based on the fact that the client and competitor utilize similar trade names for their restaurants.


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Main Office: 333 Earle Ovington Boulevard, Uniondale, New York 11553 • Telephone: (516) 228-1300 • Telecopier: (516) 228-0038
New York City Office: 405 Lexington Avenue, 26th Floor, New York, NY 10174 • Telephone: (212) 829-4375
Syosset Office: 116 Jackson Avenue, Syosset, New York 11791 • Telephone: (516) 921-1000

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