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Press Releases


Sullivan Gardner Retained by a Major Waterfront Industrial Facility
New York, New York 01/16/09
Sullivan Gardner has been retained by a major waterfront industrial facility to respond to a fully publicized prosecution by the New York State Department of Environmental Conservation (NYSDEC). NYSDEC alleges the illegal release of particulate matter into an adjacent body of water.


Sullivan Gardner Defends NYC Entertainment Venue
New York, New York 01/09/09
A leading New York City entertainment venue retained Sullivan Gardner to demonstrate to the New York City Health Department that the new calorie content posting regulation does not apply to the venue. After negotiations with Sullivan Gardner attorneys, the Department agreed that the regulation does not apply to the venue.


Sullivan Gardner Retained by Publicly-Held Construction Firm
New York, New York 12/20/08
A very large, publicly-held construction firm has retained Sullivan Gardner to respond to a prosecution brought by the New York State Department of Environmental Conservation (DEC). NYSDEC alleges the construction of a structure and improper releases within tidal wetlands.


Sullivan Gardner Retained by Large NYC Recycling Facility
New York, New York 11/16/08
One of the largest recycling facilities in New York City retained Sullivan Gardner to address a prosecution brought by the New York State Department of Environmental Conservation (NYSDEC). NYSDEC alleges that the recycling facility is improperly storing materials.


Sullivan Gardner Defends Notary Public
New York, New York 09/20/08
A public notary hired Sullivan Gardner to defend against an accusation of fraud and misconduct in the performance of the duties of a notary public. Sullivan Gardner attorneys are working with the licensing commission.


Sullivan Gardner Reached Agreement in Brooklyn Real Estate Case
New York, New York 08/12/08
Sullivan Gardner attorneys have reached an agreement on behalf of a property owner and a Brooklyn real estate developer. The property owner hired Sullivan Gardner to work with public officials and the developer to prevent further damage to his property. The firm’s attorneys negotiated an agreement that provided for the developer’s insurance company to compensate the property owner for the damage caused to his property and enlisted the help of the New York City Buildings Department to monitor the further develop of the site.


Sullivan Gardner Retained by NYC Private Investment Firm
New York, New York 07/12/08
Sullivan Gardner has been retained by a private investment firm to file a shareholder derivative action against a publicly traded internet social network company. Sullivan Gardner attorneys are seeking over $22 million for alleged theft and violations of Federal security laws by the internet company’s board of director, corporate officers and majority shareholder.


Sullivan Gardner Represents Elderly Operator of Single NYC Newsstand
New York, New York 06/05/08
Sullivan Gardner has agreed to represent an elderly operator of a single NYC newsstand to protect her from unfair competition. Sullivan Gardner negotiated with the New York City Department of Consumer Affairs and the New York City Department of Transportation to restrict the size of the proposed competitive newsstand.


Sullivan Gardner Reprents Owner of Water-Front Property
New York, New York 03/05/08
Sullivan Gardner has been asked to represent the owner of a significant water-front site against the New York State Department of Environmental Conservation (NYSDEC). The NYSDEC has alleged that the property is significantly contaminated and demanded that the property be fully remediated.


Sullivan Gardner Succeeds in Opening Throgs Neck Bridge
New York, New York 01/16/08
The Metropolitan Transportation Authority (MTA) has agreed to reopen the Throgs Neck Bridge to trucks weighing up to 105,000 pounds which hold the commonly issued Divisible Load Permit from State of New York. On August 3, 2007, the MTA announced that it would be closing the Throgs Neck Bridge to truck traffic weighing in excess of 80,000 pounds beginning August 8, 2007, citing safety concerns. Sullivan Gardner filed a lawsuit on behalf of the Construction Trucking Association and others shortly after the closing, seeking an order reopening the bridge. After several court hearings and meetings the MTA has agreed to reverse its policy on the Throgs Neck Bridge.


Sullivan Gardner Successfully Defends Road Construction Firm in Trip and Fall
New York, New York 01/16/08
Sullivan Gardner victorious in difficult trip and fall case. The firm was retained by one of the leading road construction firms in the metropolitan region to defend it against a claim of injury by an individual who tripped in a street in which the client was working. Sullivan Gardner completed the trial and persuaded the plaintiff to settle for a nominal sum prior to the return of the verdict.


Sullivan Gardner Retained as Lead Counsel on Important BUD Application
New York, New York 01/16/08
Sullivan Gardner has been retained to lead the team of engineers preparing an application to the New York State Department of Environmental Conservation (DEC) for a beneficial use determination for certain aggregate material. The application is the first state-wide attempt to clean up the regulatory confusion regarding the regulation of certain aggregate materials.


MTA Declares That Throgs Neck Bridge Is Not Safe For Truck Traffic Due To Repairable Cracks
New York, New York 08/08/07
Despite repeated statements by the City of New York that its bridges are entirely safe, the Metropolitan Transportation Authority (MTA) is attempting to close the Throgs Neck bridge to normal heavy truck traffic for what it claims are imminent safety reasons. The MTA stated in court proceedings yesterday that immediate closure was necessary due to dire structural concerns resulting from cracks occurring in stringer supports on the bridge’s approach. MTA officials were adamant that the truck traffic could not continue as before on the bridge for even one more day. Brian Gardner of Sullivan Gardner PC alleges in the lawsuit filed in New York’s Supreme Court that these cracks have occurred while the MTA continues to divert funds and toll receipts away from bridge repair and maintenance.

On August 3, 2007, the MTA announced that it would be closing the Throgs Neck Bridge to truck traffic weighing in excess of 80,000 pounds beginning August 8, 2007, citing “stringer cracks on the approaches” as a safety concern and the deciding factor. The lawsuit claims, the decision was rash and made without study, planning or process showing that it would have any impact on the safety of the structures, and was made without any analysis of how communities and industries would be affected by the increase in noise, pollution, congestion and expense. Prior to the MTA’s action trucks weighing up to 105,000 pounds which hold the commonly issued Divisible Load Permit from State of New York were able to utilize the bridge. This new limit, which the MTA seeks to impose, will result in an immediate and overwhelming increase in truck traffic to carry the same amount of materials, stated Gardner. At the same time, the MTA continues to underfund bridge maintenance and repair, Gardner added.

The lawsuit was filed on behalf of the Construction Trucking Association and others under index number 110787/07. It seeks a restraining order, claiming the MTA’s conduct is irrational and an overreaction to current events that will devastate numerous businesses, families and industries while creating more truck traffic noise and congestion. It further seeks an order directing the MTA to immediately begin repairs and utilize toll receipts for proper upkeep and repair of its bridges and tunnels.

“Either the bridges are safe or they are not, the MTA cannot have it both ways,” stated Gardner, “the men and women driving trucks over the bridges have families and children and they are truly concerned about bridge safety. It is outrageous for the MTA to leave the public in the dark and refuse to complete the proper studies, maintenance and repairs while spending funds elsewhere.”


Sullivan Gardner Retained by Exclusive West Village Nightclub
New York, New York 08/02/07
Sullivan Gardner of New York, New York has been retained by an exclusive West Village nightclub to assist in the resolution of pending building department issues. The firm specializes in entertainment law and has represented other high profile nightclubs on similar issues throughout New York City.


Sullivan Gardner Retained by Brooklyn Property Owner
New York, New York 08/02/07
A Brooklyn property owner has retained Sullivan Gardner after one of its rental properties was compromised by an adjacent development. The demolition of the adjacent property compromised the structural integrity of the rental property causing the building to shift significantly, breaking of gas lines and resulting in the evacuation of the tenants. The firm is working with public officials and the developer to ensure a satisfactory solution to the problem.


Sullivan Gardner is Relocating
New York, New York 08/02/07
Sullivan Gardner, a New York City law firm specializing in government regulation and construction law, is preparing to relocate its office later this month. The firm has decided to improve its remarkable views by moving up from the 30th to the 33rd floor of 475 Park Ave South, Manhattan, New York. This new renovated space will meet the firm’s need for additional office space. Sullivan Gardner will move to its new location on August 22, 2007.


Sullivan Gardner Files Libel Action Against a New York Newspaper
New York, New York 07/02/07
Sullivan Gardner has filed a libel action against the Times/Review Newspaper Corporation for its The News Review publication. The action alleges the stories carried by the newspaper misrepresented a client’s prior business practices and history regarding DEC and local permitted facilities on Long Island. Sullivan Gardner PC is currently defending a SLAPP suit brought by one of the more well-known first amendment litigation firms in the country.


NYS DEC and Sullivan Gardner Working Together to Improve the Aggregate Materials Industry
New York, New York 07/02/07
The largest construction materials firm in the North East has retained Sullivan Gardner to work with the State of New York to cope with the changes in the aggregate materials industry. Aggregate materials are now being shipped throughout the state to accommodate the varying levels of demand. The Department of Environmental Conservation (DEC) currently regulates certain aggregate material based upon its place of origin rather than its content. Sullivan Gardner is working with the DEC to amend its rules and regulations to reflect current technologies and practices.


Sullivan Gardner Retained to Defend Against an Appeal by a New York District Attorney’s Office
New York, New York 07/02/07
Sullivan Gardner has been retained by a one of New York City’s larger ready mix concrete firms to defend against an appeal by a local District Attorney’s Office. This retention comes after the successful defense of the company by Sullivan Gardner in the underlying criminal environmental prosecution alleging an improper release of materials polluting the adjacent body of water.


Willets Point Development
New York, New York 07/02/07
Sullivan Gardner has been retained by several industrial companies to negotiate with the NYC Economic Development Corporation (EDC) concerning the land use and eminent domain issues arising in the re-development of Willets Point. Sullivan Gardner will work on numerous land use issues including the important question of the extent to which the valuation of a property can be based upon the value of a business permit that is no longer available for a replacement site.


Sullivan Gardner Hires Marketing Director
New York, New York 07/02/07
Sullivan Gardner, a leading New York law firm in public sector regulation, is pleased to announce the hiring of Elizabeth Ostler for the position of Marketing Director. Ms. Ostler will be responsible for marketing, special events and business development for Sullivan Gardner. She will draw upon her nine years of industry experience to expand the company’s marketing department.



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