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Archive by tag: P.CReturn

Utilizing CPLR 3102(c) Pre-Action Discovery in the Article 78 Proceedings – Can’t Go Fishin’

Last February, in Dreyer v Stachecki, 2020 NY Slip Op 50134(U), the Suffolk County Supreme Court denied an unopposed motion for pre-action discovery. CPLR Section 3102(c) authorizes disclosure – prior to commencement – to aid in bringing an action or proceeding....By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Sep 01,2020 |

Management and Common Stockholder Resistance to Acquisitions, and Using Carve-Outs to Overcome It

This past June, autonomous vehicle technology startup Zoox agreed to be acquired by Amazon for a whopping $1.3 billion.  Time for the common stockholders to pop the champagne, right?  Not exactly, according to a complaint filed in the Delaware Court of Chancery by two common stockholders....By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Aug 26,2020 |

Second Department Affirms Article 78 Reversal of Village Zoning Board Determination

Petitioner, Claude Simon (“Petitioner”), owns approximately 2.25 acres of property in the Village of Upper Nyack (the “Village”), which he sought to subdivide into two separate lots.  The first lot would contain the existing dwelling and other existing improvements.  The vacant second lot would be improved with a single-family dwelling....By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Aug 18,2020 |

Town of Huntington Tightens Reigns on Mixed-Use Buildings Amid Mixed Opinions

On July 21, 2020, the Huntington Town Board adopted significant amendments to the Town’s zoning and site plan regulations for mixed-use buildings in the Town’s C-6 (General Commercial) Districts. The amendments, set forth in a series of resolutions, are aimed at controlling the scale of future mixed-use buildings, reducing their burden on public infrastructure, and protecting the suburban character of the Town’s hamlet centers....By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Aug 04,2020 |

The Public Procurement Process in Iowa & Bidding Opportunities for the Week of July 27

In Iowa, the public sector has a significant impact on the state’s economy. The state has proposed to spend over $70 million in capital construction projects in fiscal year 2021, and millions more to obtain other types of goods and services on behalf of state agencies......By: Dickinson, Mackaman, Tyler & Hagen, P.C.
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“Rank Pretext Will Not Do”: Court Enjoins Freeze-Out Merger With No Corporate Benefit

I’ve represented clients on both sides of freeze-out mergers of privately owned business entities, so I’m very familiar with their uses, misuses, potential advantages, and potential disadvantages to both freeze-ors and freeze-ees....By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Jul 22,2020 |

Smithtown Seeks to Reinvent the Hauppauge Industrial Park by Allowing Residential Development

The Town of Smithtown is considering the adoption of a local law that would allow residential uses as part of mixed-use developments in the Hauppauge Industrial Park.  The proposal follows on the heels of an April 2019 report commissioned by the Suffolk County Industrial Development Agency (“SCIDA”) which called for the park to position itself to become a regional economic hub that fosters the growth of key industries by, among other things, creating a more dynamic live-work-play environment.....
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Farrell Fritz, P.C. | Jul 07,2020 |

Construction Labor Agreements When Implementing COVID-19 Plans, Policies, Practices

As construction continues and resumes during the COVID-19 pandemic, unionized construction employers must be mindful of the terms of their collective bargaining agreements (CBAs) when implementing workplace responses to COVID-19......By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Jun 24,2020 |

Multiemployer Construction Sites In The COVID-19 Era

Employers have encountered COVID-19-related unique and challenging workplace law circumstances in multiemployer construction sites. For example, a hospital under construction may have imposed COVID-19 testing requirements on its general contractor, which, in turn, imposed testing requirements on the numerous subcontractors on the job site. Such situations require reviewing contractual and legal obligations......By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Jun 24,2020 |

OSHA Does Not Back Employee Work Refusals In All Circumstances

Since March 2020, workers have expressed elevated concerns about their exposure to COVID-19 on construction sites. As states lift restrictions on construction work, employers should note that the Occupational Safety and Health Administration (OSHA) limits workers’ ability to refuse work......By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Jun 24,2020 |
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