PRACTICE HIGHLIGHTS: CondominiumsThe law firm of Dowd & Marotta has been representing investors, property owners, developers and financial institutions in real estate related transactions and complex litigations for over 10 years. A recent condominium development conversion, Marke Gardens, was approved with all tax lot apportionments, real estate tax abatements and Attorney General approvals in place. This Brooklyn property, listed with the Corcoran Group, features luxury condominium apartments with terraces, gardens, jacuzzi baths and elevator access.
In 1996, the executors of American Tobacco heiress Doris Duke tried to strike down a provision in her will which left $100,000.00 in trust for her dogs. Dowd and Marotta successfully upheld the first "honorary pet trust" in New York State history, and Surrogate Preminger found that Dowd and Marotta's client, Mariano DeVelasco, provided the measuring life, since the dogs had been left in his care. Cravath, Swaine and Moore, Shearman and Sterling and the Attorney General represented opponents of the trust. Thereafter, controversy continued over the terms of the trust, including payment of veterinary expenses and kenneling fees. Dowd and Marotta battled successfully to get the dogs fed and cared for and to get kenneling fees paid.
Real Estate Nuisance Abatement Dowd & Marotta successfully represented the SOHO Alliance in an appeal enforcing a criminal contempt judgment for persistent violation of local zoning laws.
Dowd & Marotta LLC prepared the franchise offering circular ("UFOC") and obtained NYS attorney General Approval for a new Franchise Offering for "CarbWatcher" products and fitness centers.
ID Models Fashion Lounge CD
Film Producer Julius Nasso has filed suit against actor Steven Seagal alleging breach of contract and seeking $50 million dollars in damages. Mr. Nasso contends that he and Seagal were partners and that Seagal agreed to star in four separate films, including The Prince of Central Park and Genghis Khan. Mr. Nasso alleges that Seagal changed his mind only after the foreign distribution rights to the films had been packaged at the Cannes Film festival and sold to finance the production of the films. Mr. Nasso claims that millions were lost on the distribution deals and that he was forced to incur enormous expenses, such as hiring actor Harvey Keitel as a replacement on The Prince of Central Park. Seagal responded to the suit by filing a motion to dismiss, claiming that he is no longer a resident of the state of New York and is therefore not subject to jurisdiction here. Justice Joseph J. Maltese of the Supreme Court, Richmond County denied the motion, finding that sufficient evidence has been adduced thus far, which tends to show that Seagal was a resident of the borough of Staten Island when many of the operative facts alleged occurred. The judge also noted in his decision that Seagal had listed a New York address on a recent gun renewal permit. The Post, Daily News, New York Times and the Staten Island Advance have all reported extensively on the case, as Nasso and Seagal have exchanged allegations of extortion, conspiracy and ties to organized crime. Mr. Nasso is represented by the law firms of Dowd & Marotta LLC and Robert Hantman & Associates. Seagal is represented by the law firm of Schulte Roth and Zabel.
Real Estate Litigation: Property Owner Settles Civil Rights Case with City
over Wrongful Demolition of Stanton Street Building When a partial collapse of the rear brick wall of a building located at the corner of 172 Stanton Street and Clinton Street in Manhattan’s Lower East Side prompted a response from the New York Fire Department, the City of New York under then-Mayor Rudolph Giuliani was quick to condemn the building and order its immediate destruction. The Department of Buildings declared an immediate emergency and proceeded to demolish the building on the same day without any regard for the rights of the property owner or tenants who resided there. The City failed to obtain a court order as required by the New York City Building Code and failed to provide the owner of the building with any opportunity to inspect the building or correct any conditions short of total demolition. The law firm of Dowd & Marotta instituted a civil rights suit under 42 USC §1983 in federal court in the United States District Court for the Southern District of New York, alleging a violation of substantive and procedural due process rights guaranteed by the Fourteenth Amendment of the United States Constitution. The suit challenged the City’s procedure in emergency demolition operations, claiming that the procedure had been changed over the years to dispense with procedural safeguards. For example, the current Department of Buildings policy does not allow for community board notification as it did in prior years. After obtaining an order directing the deposition of then Mayor Giuliani, the law firm of Dowd & Marotta initiated settlement discussions that resulted in a monetary settlement compensating the owner for the costs of rebuilding and removing all liens affecting the property. The agreement was reached with the assistance of the Honorable Richard M. Berman, who directed that the City’s top representatives, City Comptroller Thompson and Corporation Counsel Michael Cardozo personally appear in court to finalize settlement negotiations. Dowd & Marotta has now filed another challenge to the constitutionality of the Buildings Department’s "emergency demolition" procedure in a separate case which is pending.
Actor Danny Aiello Petitions City Hall for Stapleton Studios Land Use
Future Music/Funk Wax Records Strikes Distribution Deal with Navarre Florida based Future Music a/k/a Funk Wax Records has inked a US distribution deal with the Navarre Corporation to carry its catalogue of techno and trance titles. The deal is a major move for the indie, as Navarre is one of the largest independent distributors in the US. Future Music continues to release dance music hits on vinyl and CD compilation format.
| ||||||||||||||||
|
|