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James K. Landau, Business Litigation Lawyer

Business Litigation - Mediation - Dispute Over Land Development

KOSL Building Group, LLC, et al. v. Minvielle, AAA Case No. 01-18-0004-2257-2-JF

Our Business Litigation lawyers are sometimes asked to assist clients in disputes that can be resolved by mediation. Here, James K. Landau  successfully represented a contractor in connection with a dispute over an owner of land to be developed in Rye, New York. The parties entered into a contract giving KOSL, the exclusive right to build a house and other improvements on the subject property. The owner claimed that notwithstanding the foregoing, it had the right to choose another contractor to build a sea wall and dock on the property. After successfully invoking the alternative dispute resolution procedures provided in the contract, Mr. Landau obtained a favorable settlement on behalf of KOSL in mediation conducted via the American Arbitration Association.

Kathleen Donelli, White Plains Divorce LawyerKristen Mackay Pennessi, White Plains Divorce Lawyer & Mediator

Matrimonial & Family Law – Child Custody – Appellate Practice - Constructive Emancipation

Mitarotonda v. Mitarotonda, ___ A.D.3d ___ (2d Dep’t 2019)

Our matrimonial lawyers often represent clients on financial issues relating to child custody. Here, Kristen Pennessi & Kathleen Donelli won an appeal in the Appellate Division in which the lower court denied a post-divorce judgment motion, brought by the noncustodial parent (the “father”), to stop paying the custodial parent (our client, the “mother”) child support based on constructive emancipation. Under the doctrine of constructive emancipation, New York courts have held that child support payments may be suspended where the “custodial parent unjustifiably frustrates the noncustodial parent’s right of reasonable access.” Kristen and Kathleen successfully argued that our client, the custodial parent, did not deliberately frustrate or actively interfere with the father’s relationship with his children. Therefore, the court ordered that the father continue to pay child support even though his children refused to have meaningful contact with him.

James K. Landau, Business Litigation LawyerLori Lee Dickson, Municipal Law & Land Use Lawyer

Municipal Law & Land Use - Article 78 Proceedings - Zoning Board of Appeals

In the Matter of the Application of AVC Properties LLC v. The Village of Mamaroneck Zoning Board of Appeals, et al. (Sup. Ct. Westchester, Index Nos. 59146 and 62808/2018)

McCarthy Fingar's Municipal Law & Land Use lawyers are often defending decisions made by our municipal clients.  Here, James K. Landau and Lori Lee Dickson successfully obtained the dismissal of two Article 78 petitions brought by AVC Properties, a landowner and developer who sought to appeal from resolutions issued by against firm client Village of Mamaroneck Zoning Board of Appeals (the “ZBA”). The Court agreed with ZBA’s argument that challenges to its resolutions were not ripe for judicial review because the resolutions were not final and any claimed harm by the landowner may be prevented, ameliorated or rendered moot by further steps available to petitioner and further administrative action.

James K. Landau, Business Litigation LawyerIrma K. Nimetz, White Plains Litigation Attorney

Business Litigation - Arbitration/Mediation

Krowe v. Todd, AAA Case No. 01-18-0000-4009

Our Business Litigation lawyers represent clients in arbitration before the American Arbitration Association. James K. Landau  and Irma K. Nimetz successfully represented a business owner in a dispute with the other member of a closely held limited liability company. Here, our client commenced an arbitration through the American Arbitration Association seeking damages on theories of breach of contract, breach of fiduciary duty, breach of the covenant of good faith and fair dealing and seeking an accounting and the imposition of a constructive trust based on certain alleged unauthorized use of company funds by the respondent. After the respondent interposed counterclaimed and moved for summary judgment, a settlement favorable to our client was obtained in mediation.