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Firm Successfully Defends Developer of Nursing Home Facility in Construction Litigation Case

Nassau County Supreme Court's Decision Allows Construction of 289-Bed Woodmere Nursing Home Facility to Move Forward

Firm Partners Jon A. Ward, Wayne G. Edwards and Andrew M. Roth and Firm Associate Ralph Branciforte recently won a decision that will allow their client, Woodmere SNF Realty, to proceed with the completion of construction of a $100 million, 289-bed nursing home facility to be located at 1050 Central Avenue in Woodmere.

On February 24, 2016, Woodmere Irving LLC and Woodmere Irving Annex LLC, which owns commercial properties abutting the construction site, filed a lawsuit claiming, among other things, that the construction of a retaining wall adjacent to their buildings would threaten the structural integrity of their buildings. In connection with the lawsuit, they sought a temporary restraining order and preliminary injunction enjoining the construction of the retaining wall and nursing home.

After several months of litigation over the injunction, including several oral arguments and a preliminary injunction hearing, Justice Timothy S. Driscoll of the Commercial Division of the Nassau County Supreme Court dissolved a temporary restraining order which prohibited construction of the retaining wall and denied a preliminary injunction that would have stopped construction of the project, clearing the path for the defendants to complete construction of the retaining wall and the project. The Court found that the plaintiffs failed to meet any of the criteria for a preliminary injunction: (1) they did not establish a likelihood of success on the merits of their claim that the retaining wall would be unsafe; (2) they did not demonstrate that they would suffer immediate irreparable injury if the defendants were allowed to proceed with construction of the retaining wall; (3) they did not establish that the equities in the case weighed in favor of an injunction. The Court was particularly persuaded by the fact that the design of the retaining wall had been extensively reviewed and approved by the Town of Hempstead Building Department.

"We are pleased that the Court ruled in our favor," Mr. Ward said. "Resolution of this matter will allow our client to complete this much-needed project that will help address the need for nursing home care in the South Nassau region, as well as provide significant economic benefit to the Woodmere community."

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