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Sahn Ward Coschignano, PLLC

SPOTLIGHT ON LITIGATION PRACTICE

Construction Law: Jon Ward, Wayne Edwards, and Ralph Branciforte are representing the developer of a $100 million nursing home facility in Nassau County in a construction litigation pending in the Commercial Division of the Nassau County Supreme Court. Neighboring property owners have commenced an action seeking, among other things, an injunction enjoining construction on the grounds that it allegedly imperils the structural integrity of neighboring buildings. The parties are in the midst of briefing a preliminary-injunction motion.

Insurance Law: Jon Ward and Andrew Roth are prosecuting an action in the United States District Court for the Eastern District of New York on behalf of a municipality against its general liability insurer for breach of the duty to defend the municipality in an underlying tort action.

Real Property/Mortgage Foreclosure/Forgery: Jon Ward and Andrew Roth have been retained by a national title insurer to defend its insured, a national lending institution, in a mortgage foreclosure action pending in the United States District Court for the Eastern District of New York. The insured is seeking to foreclose its mortgage on real property. The borrower alleges that the mortgage is void because the deed conveying the subject property to the property owner was forged.

Professional Liability/Real Estate Appraisal: Andrew Roth is defending a real estate appraiser in an action in the Nassau County Supreme Court for contribution and indemnification arising out of the condemnation of a certain industrial property by a municipality in connection with a revitalization project. The property owner is suing its former attorney for malpractice in the condemnation proceeding, and the attorney has sued the real estate appraiser for contribution and indemnification alleging that the appraiser did not properly appraise the property in the condemnation proceeding.

Real Property/Lien Priority: Jon Ward and Andrew Roth have been retained by a national title insurer to defend its insured, a national lending institution, in a mortgage foreclosure action pending in Richmond County Supreme Court. The plaintiff is the holder of a mortgage on the subject property who is seeking to foreclose on the property and the insured’s mortgage, which the plaintiff maintains is subordinate to the insured’s mortgage. The insured has asserted counterclaims for equitable subrogation and directing the marshalling assets.

Real Property Law/Restrictive Covenants: Jon Ward is prosecuting an appeal in the Appellate Division, Second Department, on behalf of a homeowners association, from an order of the Suffolk County Supreme Court dismissing the homeowners association’s lawsuit seeking to enforce restrictive covenants limiting the use of waterfront property in a residential community. The homeowners association’s lawsuit was dismissed because the trial court found that it did not have standing to enforce the restrictive covenants.

Volunteer Fire Department Law/Disciplinary Proceedings: Jon Ward, John Farrell, and Josh Brookstein are prosecuting an appeal in the Appellate Division, Second Department, on behalf of a volunteer firefighter, from an order of the Nassau County Supreme Court upholding a fire council’s discharge of the firefighter from the fire department after 35 years of volunteer service for alleged misconduct.

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