Law Offices of

Raymond V. Nicotera

Practice Area Highlights    

CIVIL LITIGATION CASES BY AREA

 

Commercial & Real Estate:

 

Lombardi v. Piacente et. al.-(Supreme Court-Westchester County)- Successfully tried to verdict the Plaintiffs claims for defects in new home construction, setting unprecedented law under the New York's Genera Obligations Law on what constitutes "new home" under New York's Housing Merchant Implied Warranty statute. Plaintiffs purchased a home that was gutted and rehabilitated by a builder; Defendants claimed lack of contractual warranty, lack of privity of builder to seller/owner. Obtained money judgment in favor of Plaintiffs against owner/seller and builder.

 

Augustin v. Carranza et. al. (Supreme Court-Westchester County)- Successfully defended  to verdict against the Plaintiff's's claim for constructive ownership of business and money judgment against defendant's used car dealership.

 

Woodall v. Khromov et. al. (Supreme Court-Westchester County)- Successfully litigated  and defended against Plaintiffs' claim to entitlement of substantial contract deposit  made pursuant to residential contract of sale; defenses grounded in misrepresentation and concealment of known defects in premises; etc.-Case settled on first day of trial.

 

Lang v. Lang (Supreme Court-Sullivan County)-Served in special trial capacity pursuant to Greenwald Law Offices pursuant to Court Approval and Order, for purposes of presenting evidence concerning multi million dollar multiple entity forensic accounting testimony by  Plaintiff's expert Certified Public Accountant and his valuation of the multiple business entities and real estate owned by the Defendant; cross examination of the Defendant on business financials and operations ad defendant's expert Certified Public Accountant, resulting in 100 plus page Decision and Order of the Court.

 

FHJ 86 Partners & Towne & Country Discount Liquors v. Charter Oak Fire Insurance Company- (Federal District Court-Southern District of New York)-Successfully obtained substantial settlement of claims on behalf of Plaintiffs at the eve of trial for their complete loss of insured commercial real estate, where the Defendant insurance company counterclaimed for fraud and complicity in the fire by one of the Plaintiff's partner. Despite one of the partners being indicted and charged for involvement with the fire and accepting an Alford Plea on the criminal charge therefor, case settled favorably for the Plaintiff partnership.

  

 

Personal Injury:

 

Seda v. Soto and Lagueux et. al. (Supreme Court-Putnam County)-Successfully obtained substantial six figure settlement for Plaintiff passenger in motor vehicle accident where multiple parties were seriously injured and amount of insurance coverage was limited.

 

Bess v. Anderson et. al.(Supreme Court-Putnam County)-Successfully tried to verdict the issue of liability in a bifurcated trial where insurance carrier took a no pay position on an accident involving two motor vehicles. Case settled after jury determination of relative percentages of liability.

 

Rodriguez v. Brook Shopping Centers, Inc., Sears Roabuck and Company et. al. (Supreme Court-Westchester County)- Successfully litigated Plaintiff's claim for knee injuries after trip and fall due to defective steps/sidewalk at commercial premises.

 

Resolved by settlement numerous other automobile and premises liability suits and claims.

 

Medical Malpractice: (Superior Court-Connecticut) Successfully litigated the plaintiff's claims for radiation induced injury from overexposure to flouroscopy during interventional cardiac procedure. Terms and conditions of settlement are confidential by agreement.

 

 

SURROGATE AND GUARDIANSHIP LITIGATION:

 

In Re: Wanda Gayle (Supreme Court-Westchester County-Guardianship Part)- Successfully tried to decision on a cross-petition brought on behalf of a neice to an Incapacitated Person who had accumulated a multi-million dollar estate which included multiple real estate holdings. 

 

 

COMMERCIAL AND REAL ESTATE TRANSACTIONS:

 

Represented Australian buying group in the multi-million dollar  purchase of major shopping center with 20+ commercial leases in Miami, F., including negotiation of terms as "stalking horse" bidder to the Bank of America, which had adverse interest as a mortgagee/creditor to the petitioner operating as a debtor in possession for reorganization;  formed multiple entities and respective shareholder/operating agreements to achieve various investor’s interests, analyzed underlying leases, property profit and loss statements for the property, reviewed and cleared of claims of debtors and underwrote title insurance ; coordinated and prepared all necessary documents for foreign entities to remove any exceptions to title, reviewed and negotiated loan documents, including assignments, modifications, collateral requirements, operating restrictions, served as escrow for settlement funds and accounting etc.

 

Represented purchasers of multi-million dollar Super Stop and Shop shopping center in Manchester, CT, in an IRS Section 1031 exchange, which included negotiation of terms of contract for purchase as well as negotiation of terms for purchasers loan with regional commercial lender; clearance of all title matters, preparation of sophisticated shareholder agreement between shareholders in compliance with requirements of commercial lender.