Firm News

Firm News - 2013 2013 Legal News Shamberg Marwell Hollis Andreycak & Laidlaw, P.C. (SMHAL) Westchester Mt. Kisco NY Attorneys

Firm Announces Three Super Lawyers for 2013
The Firm is pleased to announce that John S. Marwell and P. Daniel Hollis, III have been named to the New York Metro Super Lawyers List in the areas of Land Use/Zoning and Business Litigation, respectively, while Diana Bunin Kolev has been named to the Rising Stars List in the area of Land Use/Zoning. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers in more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a rigorous multi-phased process that includes a statewide survey of lawyers, peer nominations and evaluations, and independent research.

Firm Wins Summary Judgment Motion on Issue of Personal Liability
The Firm succeeded in obtaining summary judgment dismissal of all claims against a principal of a corporation that had been sued. The Westchester County Supreme Court agreed with the Firm that there was no basis to pierce the corporate veil and hold the principal liable for any breach of contract where corporate formalities were respected and there was no evidence that the principal intended to be bound personally.

Firm Successfully Obtains Variance for Staff Housing for Commercial Horse Farm
The Firm obtained a variance on behalf of a commercial horse farm owner in Northern Westchester to allow staff housing after a fire destroyed an on-farm building that had previously been used for staff housing.

John S. Marwell Among the Honorees at Teatown’s 50th Anniversary Gala
John S. Marwell, a past Chair of Teatown Lake Reservation, was honored in September 2013, along with other past Chairs, at a gala commemorating Teatown’s 50th Anniversary at the Sleepy Hollow Country Club.

Firm Obtains Zoning Text Amendments and Site Plan Approval for Nursery Business
The Firm successfully obtained zoning text amendments and site plan approval in accordance therewith on behalf of a nursery business owner in Northern Westchester. The amendments expanded the permitted uses within the subject zoning district.

John S. Marwell Delivers Talk on Westchester County Housing Settlement
John S. Marwell gave a talk in September 2013 at The Kendal in Sleepy Hollow on the history of the issue of exclusionary zoning in Westchester County, and the 2009 legal settlement concerning the development of affordable housing throughout the County, including up-to-date information on how the County is doing in meeting the various benchmarks within the settlement.

Firm Represented Regional Hospital
The Firm represented a regional hospital center in finalizing zoning approvals to obtain a certificate of occupancy.

John S. Marwell Re-Appointed Chair of NYSBA Finance Committee
John S. Marwell re-appointed as Chair of New York State Bar Association (“NYSBA”) Finance Committee by NYSBA President, David M. Schraver.

Firm Successfully Defends City Planning Commission in Article 78 Proceeding
The Firm successfully defended a city planning commission of a Westchester municipality in a challenge brought by city common council concerning the planning commission’s approval of a site development plan in a controversial zoning matter.

Firm Succeeds in the Imposition of a Constructive Trust on Large Residential Parcel
The Firm successfully demonstrated the elements necessary for the imposition of a constructive trust on a 70-acre parcel of real property in Ulster County in client’s favor, and the entitlement of a deed conveying a one-half interest in the property to client of the Firm.

Firm Wins Partial Reversal in Appellate Division in Quarrying Matter
The Firm won a partial reversal in the Appellate Division, Second Department in a matter involving a pre-existing nonconforming quarry after the Supreme Court summarily dismissed the declaratory judgment component of a combined Article 78 proceeding/declaratory judgment action.

Firm Prevails in Motion to Compel Arbitration
The Firm won a motion in the Supreme Court to compel arbitration after a plaintiff commenced the action instead of following the binding dispute resolution provisions of the subject contract.

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