Category: News on the Homepage

CMM’s Litigation team successfully moved for dismissal of a lawsuit filed in Queens County against our client, a limousine company whose vehicle was involved in a motor vehicle accident with another driver. When that driver served our client with a personal injury lawsuit, CMM immediately moved to dismiss. At oral argument, CMM attorney Richard DeMaio persuasively argued that because the statute of limitations had expired and no exceptions applied, the lawsuit was time-barred. The Court agreed and dismissed the case. This result was a victory for the limousine company and its insurance carrier, both of whom will save significant time, court costs, and legal fees.

Under the leadership of partner Scott Middleton, CMM has successfully defended a variety of clients insured by numerous insurance companies across the country in virtually all areas of insurance coverage and defense. Learn more about our Liability Insurance & Insurance Coverage practice area here.

The Suffolk County Bar Association (SCBA), one of the largest voluntary bar associations in New York State, honored Campolo, Middleton & McCormick partner Patrick McCormick with a Directors’ Award at the 110^th Annual Installation Dinner on June 15, 2018 at the East Wind in Wading River. McCormick’s fellow honoree for the Directors’ Award was Hon. James Hudson, Acting Justice of the Supreme Court, Commercial Division. The awards recognize “conscientious and meritorious service to the Suffolk County Bar Association and the Suffolk Academy of Law” as well as “zeal and enthusiasm for all of the activities of the Association and the Academy.”

McCormick has served on the SCBA Board for several years and was sworn in earlier this month to continue his term as Dean of the Academy of Law, the SCBA’s educational arm. In this role, McCormick spearheads the continuing education of thousands of New York lawyers. During his tenure he has helped bring the Academy into the future by increasing the number of programs, utilizing new technology, and offering an unprecedented range of topics, scheduling, and formats. In addition to his role as Dean, McCormick has served the SCBA as Chair of the Appellate Practice Committee as well as on the Commercial Division, Landlord/Tenant, and Real Property Committees.

McCormick chairs the Appeals practice group at CMM, having built a reputation as a strategic and talented appellate attorney over nearly three decades in the field. Representing clients in civil and criminal matters in both federal and state court, McCormick has argued numerous appeals, including three arguments at the New York State Court of Appeals, the state’s highest court. He is also a respected trial attorney, litigating all types of complex commercial and real estate matters, and also represents national commercial shopping centers, retailers, and publicly traded home builders in commercial and residential landlord-tenant matters.

Pictured above: Patrick McCormick, SCBA Past President Patricia Meisenheimer, and Hon. James Hudson.

In a well-publicized case and in a victory for the St. James Fire District, Campolo, Middleton & McCormick’s municipal litigation team saved the district significant funds by defeating a petition that sought to punish the district for allegedly not complying with a multitude of overlapping, conflicting F.O.I.L. requests.

Between December 2017 and January 2018, Petitioner, attorney Troy Rosasco, made a series of requests to the Fire District, its Board of Commissioners, and its Records Access Officer pursuant to the Freedom of Information Law (F.O.I.L.) for over 40 categories of records spanning years. According to Rosasco, the purpose of his requests was to provide the public with information concerning a proposal to sell the fire district’s 100-year-old firehouse on Route 25A to the St. James Fire Department. (The sale is the subject of a referendum on June 19, 2018.) In March, Rosasco commenced a special proceeding pursuant to Article 78 seeking to compel the Fire District to comply with the requests, as well as pay him costs and fees.

In lieu of answering the petition, CMM’s Patrick McCormick and Richard DeMaio served a motion to dismiss, contending that the petition was moot because the Fire District responded timely under F.O.I.L. to the voluminous requests – and that it did so notwithstanding that Rosasco had made multiple overlapping and duplicative requests with conflicting instructions and modifications. Upon review of CMM’s detailed motion papers, the Supreme Court, Suffolk County (Berland, A.J.S.C.) found that the Fire District responded timely, “notwithstanding the confusion and inconsistencies of position engendered by [Rosasco] and his counsel.” On multiple occasions, the Fire District had produced hundreds of pages of documents responsive to Rosasco’s requests. The Court found that “the Fire District addressed [Rosasco’s] series of broad and complicated requests as soon as each was received and began working on its response to those requests… promptly and diligently.”

This latest victory demonstrates why so many Long Island municipalities turn to CMM for guidance and experienced counsel when facing their most critical disputes. Learn more about our municipal liability practice here and contact us at (631) 738-9100.

Campolo, Middleton & McCormick’s real estate team has successfully completed a refinance of a commercial building in the Hauppauge Industrial Park – the second largest industrial park in the nation after Silicon Valley.

Our client’s building is home to over a dozen commercial tenants in various industries from professional services to manufacturing. The CMM team negotiated with multiple brokers to find the best lender and terms for our client. Once the lender and terms of the deal were in place, CMM worked with the client to meet the lender’s requirements for the multimillion-dollar loan. CMM seamlessly worked with the client to amend its corporate documents as needed and bring the deal smoothly to closure.

Learn more about our real estate practice.

Emerson Electric (NYSE: EMR) has entered into an agreement with Weiss Instruments to directly serve customers of Emerson’s Dixell products. Joe Campolo and Vincent Costa of Campolo, Middleton & McCormick, LLP represented Weiss Instruments in the transaction, the terms of which have not been disclosed.

Since 1996, Weiss Instruments has been the exclusive authorized third-party distributor in the United States for Dixell controls, the leading microprocessor-based electronic regulation, temperature, pressure and humidity controls for commercial refrigeration and air conditioning. Emerson’s assimilation of the Dixell distribution business took effect in March.

Holtsville-based Weiss Instruments has manufactured thermometers and pressure gauges for over 100 years, and offers a complete line of products for the Bid & Spec, Wholesale Distribution, Refrigeration, and Food Service Industries. This core business was not included in the agreement and Weiss Instruments will continue as an independent company. Learn more at http://www.weissinstruments.com/.

Headquartered in St. Louis, Missouri, Emerson Electric is a global technology and engineering company providing innovative solutions for customers in industrial, commercial, and residential markets. Learn more at Climate.Emerson.com.

For additional information on this transaction, please visit http://www.emerson.com/en-us/news/commercial-residential/emerson-finalizes-agreement-with-weiss-instruments.

Don Rassiger, Chair of CMM’s Construction practice group, recently settled a prevailing wage law violation between our client, a contractor, and the New York State Department of Labor. Our client faced financial penalties for allegedly underpaying wages, personal liability for purportedly signing fraudulent documents, and possible debarment from public works projects, which would have effectively shut down the client’s business. Don’s advocacy through a series of conferences and negotiations ultimately saved the client 20% on the fines and – most critically – avoided debarment, keeping the client’s doors open for business.

Our construction clients include owners, developers, general contractors, subcontractors, architects, engineers, construction managers, and more, all of whom turn to us for guidance and representation on the critical issues impacting their business. Learn more about our work with the construction industry here and contact Don Rassiger at drassiger@cmmllp.com or (631) 738-9100.

On behalf of client Wave Capital Consulting, Inc., Campolo, Middleton & McCormick successfully closed a deal involving the purchase of substantially all the assets of a major events management company. The transaction, which closed in April 2018, included the acquisition of rights to business networking and sales events and domain names including NY XPO, LI Business Expo, and NY Market Expo, some of the most recognizable names in trade shows and facilitated networking. CMM’s Vincent Costa brought the deal to a swift close along with Donald Rassiger.

“CMM provided great service from start to finish and handled the deal very efficiently,” said Peter Spoleti of Wave Capital. “They kept me informed every step of the way.”

CMM has helped clients close billions of dollars’ worth of deals over the past 10 years. As the cornerstone of our corporate work, our Mergers & Acquisitions practice is focused on working efficiently and creatively to keep deals moving toward closing. The firm also has access to a critical network of relationships with M&A advisors, bankers, accountants, IDA loan advisors, and other professionals to assist in getting deals done.

Campolo, Middleton & McCormick, LLP has pledged $50,000 to financially support the mission, work, and programs of The Energeia Partnership and its efforts on behalf of Long Island. Joe Campolo, CMM Managing Partner, recognized business leader, and a member of the Energeia Class of 2016, has also been elected to Energeia’s prestigious Board of Advisors.

Energeia, which derives its name from a Greek word used to describe the demonstration of inner character in deeds, brings together a diverse group of ethical leaders from Long Island’s public, private, and nonprofit sectors to help address the region’s most complex issues including education, poverty, land use, energy, transportation, and healthcare. Energeia’s mission fits seamlessly into CMM and Campolo’s efforts to improve the quality of life for all Long Islanders and bolster the economy.

“We are very grateful to Campolo Middleton & McCormick’s Joe Campolo for believing in our mission to serve as stewards of positive change here on Long Island,” said Executive Director Paul J. Tonna. “Support from generous donors like CMM is essential to achieving our goal of promoting and enhancing life on Long Island, and ensuring the long-term sustainability of The Energeia Partnership.”

Campolo has spearheaded some of the most important initiatives in recent years to grow the Long Island economy. In addition to CMM’s support of The Energeia Partnership, Campolo is the driving force behind projects that attract public and private dollars to support economic engines on Long Island, including the Hauppauge Industrial Park, and has facilitated partnerships among the region’s power players to boost the economy and promote innovation. The firm also provides philanthropic and pro bono support to many national and local nonprofit organizations.

Campolo explained that his personal experience with Energeia was eye-opening, vastly improving his perspective on key issues. “Energeia is a terrific path to help Long Island leaders become more thoughtful about different perspectives before making decisions that impact people and society at large,” he said.  “I am proud to support Energeia’s incredibly important work.”

By Lauren Kanter-Lawrence
Director of Communications, Campolo, Middleton & McCormick

Reflecting on this watershed movement toward gender equality, Hon. A. Gail Prudenti told the crowd at CMM’s April 17 Beyond #MeToo panel, “I’ve lived through the transition.”

Over 150 guests joined moderator Joe Campolo at Crest Hollow Country Club for an engaging, solution-focused discussion featuring Judge Prudenti (Dean of Hofstra Law School and former Chief Administrative Judge of the State of New York), Professor Michael Kimmel (Distinguished Professor of Sociology at Stony Brook University and Director of its Center for the Study of Men and Masculinities), and Carol Allen (CEO of People’s Alliance Federal Credit Union). The wide-ranging conversation focused on generational issues and practical, actionable strategies to engage men and women in fostering supportive and respectful workplaces.

Prudenti noted that the issues are generational, recalling that early in her career it was common for female lawyers to hear comments in the courtroom such as, “You look gorgeous.” Indeed, some of her female colleagues would question themselves and their clothing choices when they didn’t hear such comments. She said that those same male colleagues who made the comments, however, were still fair, excellent lawyers and judges; “the world has just changed.” Kimmel also spoke of generational challenges, saying that those in the workforce who were socialized in the “old system” depicted in Mad Men – for example, a secretarial pool in the center of the office, to which some men viewed sexual access as a perk of the job – need to change.

Carol Allen, who has risen through the ranks in a male-dominated industry, reported hearing “but she’s so young,” or “she’s a woman” along the way, and emphasized that confidence is key for women to advance in the workplace. Confidence must also play a role in engaging men in the conversation. Kimmel challenged men who hear other men making harassing comments to not leave it to the women in the room to handle (calling it a no-win situation for a woman, who has the choice of saying something and being a “buzzkill” or not saying anything and swallowing her anger). Instead, Kimmel said, men should seek out like-minded men who are also offended by the comments to join forces to speak up next time. Campolo suggested #MeNeither would be an appropriate hashtag to symbolize the solidarity of men who won’t stand for sexual harassment in the workplace and are instead actively working to change attitudes.

Prudenti made a point to focus on the many male mentors along her own professional journey, all of whom have treated her with dignity and respect. “The #MeToo movement really says to women: you deserve to be yourself.”

“The panel and the moderator were all excellent,” said Laura Morea, Business Development Consultant of Alcott HR. “They kept the attention of the audience by making the panel presentation interactive and somewhat spontaneous. The guests that I was able to meet and network with were delightful.”

Brian Burke, COO/CFO of Young Equipment Solutions, said, “This was the finest presentation among a broad spectrum of meetings CMM has sponsored or Joe has moderated.” Patty Sullivan, Market Development Director at Marcum Search, echoed, “Great topic looked at from different perspectives. Joe as always was a great moderator.”

Check out additional coverage of the event in Newsday and follow us on Facebook and LinkedIn to see event photos. Thank you to our event sponsors Klein Wealth Management at HighTower Advisors, St. George’s Golf & Country Club, LI News Radio, and our nonprofit partner Island Harvest.