RealEstate

• Represented a NYC ice cream shop owner in the formation of a corporate entity and subsequent commercial lease negotiation.

• Represented a real property company in its conversion from a limited liability company to a limited partnership in order to facilitate foreign investment and conform with Canadian corporate law.

• Represented a fast food franchise operator in the asset sale of four Taco Bueno restaurants and subsequent leaseback negotiations.

• Represented a dentist in the sale of his dental practice, associated assets, and office real property.

• Represented a purchaser in its acquisition of the business assets of a local sodas, ice cream, and confections shop and in the related commercial lease negotiation.

• Represented a WNY-based private equity company in its acquisition of the business assets and real property of a popular, historic Buffalo commercial bakery (operating since 1888) that markets and sells premium frozen dough products and fresh baked goods.

• Drafted a petition to the Onondaga County Supreme Court to gain approval for a religious corporation to convey multiple parking easements.

• Handled the sale of a homeowners association common area to construct a single-family home.

• Prepared an easement to authorize the installation of fiber optic cables over a homeowners association common area and advised the HOA regarding procedures to authorize the installation.

• Prepared a declaration of restrictions to preserve protected wetlands and an adjacent area incident to a NYS Department of Environmental Conservation (DEC) and US Army Corps of Engineers wetland permit.

• Amended a condominium offering plan to extend the terms of the offering.

• Prepared an application for treatment pursuant to Cooperative Policy Statement 7 (CPS-7).

• Defended an Article 78 Proceeding commenced by neighbors challenging the formation of a  planned development district, subdivision, and site plan approval for reusing five existing buildings and constructing a four-story, 52-unit multi-family building and a four-story, 52-unit multi-family building with underground parking.

• Prosecuted approvals for the redevelopment of historic landmark property, including rezoning to the planned development district, subdivision and site plan approval for the reuse of five existing buildings, and the construction of a four-story, 52-unit multi-family building and a four-story, 52-unit multi-family building with underground parking.

• Served as outside general counsel in the $75 million redevelopment of a facility on the National Register of Historic Places into a 90-room boutique hotel and conference facility, including acquiring the project from New York State, negotiating and preparing development documents and leases, preparing and processing tax incentives, and coordinating historic tax credit financing with Empire State Development grants.

• Represented a hospital group in the sale of its large urology and radiation oncology medical practice and related real estate.

• Represented a seller in a $20.5 million sale of a retail shopping center in Myrtle Beach, South Carolina, that was a relinquished property in a 1031 exchange. 

• Served as general counsel to a NY-based not-for-profit assisted living provider, including licensing all four of its client residences and helping obtain ALR, enhanced, and special-needs licensure and certification. This included drafting a winning HEAL grant application, resulting in the client receiving $3.8 million from the NYS Department of Health (DOH) to build a new assisted-living facility with enhanced capabilities. 

• Providing strategic advice for the replacement of more efficient and cleaner turbines at an existing generating facility, including securing the necessary permit modifications to enable the project to go forward and interfacing with NYSDEC and other state and local agencies to secure the necessary permits and approvals in a timely manner.

• Represents an energy storage projects developer in handling all aspects of the projects, including counseling on all siting and permitting issues to ensure the most efficient and successful project development while preserving the in-service dates as well as interfacing with key regulators.

• Represents a local entrepreneur in financing and structuring a $10 million downtown business development. 

• Represents a local developer in financing and structuring a $10 million real estate development.

• Represented an owner, operator, and developer of hydroelectric power projects in its $8.1 million purchase of a Virginia hydroelectric facility, including handling the status and necessary assignment of a US Federal Energy Regulatory Commission (FERC) license as well as the pre-closing investigatory process with regard to potential environmental issues and necessary post-closing connections to the electrical grid.

• Represented an individual in his sale of interest in a car dealership franchise that involved sensitive environmental issues and took over three years to complete, including negotiating all transaction documents.

• Assisted with the restructuring of all secured and unsecured debt related to the $25 million merger of two hospitals, including redeeming and reissuing civic facility bonds, coordinating consents from the PA and NY Departments of Health, and handling all real estate and title insurance work related to financing.

• Performed all legal responsibilities related to the $225 million development, construction, and financing of a children's hospital, including negotiating and preparing all development, design, and construction contracts and preparing all loan and real property documentation related to HUD-insured mortgage financing and EB-5 financing.

• Served as general outside counsel to a NY-based owner-operator of post-acute health care facilities regarding the $10 million acquisition of a nursing facility in Brockport, New York, and the acquisition financing, including title matters and restrictions and required NYS Department of Health and Attorney General approvals.

• Represented a super-regional lender in a $12 million+ loan involving the acquisition of an out-of-state assisted living facility. The closing was under an extremely compressed timeframe with multiple parties, and, given the fact that the collateral was out of state, various regulatory issues needed to be resolved. The transaction was successfully closed within the required time parameters.

• Represented a principal and a long-standing local business in the sale of the principal's 100 percent membership interest, negotiating the sales contract and consummating the entire transaction, including financial assumptions, vendor consents, and negotiating a new lease and employment contract. The result of the transaction assured the orderly transition of the company to another entity and the continuation of the company for the benefit of the community and the employees.

• Represented a bank in a construction loan involving mixed-use property in Rochester, New York. The $11 million transaction involved a SWAP component, negotiating borrower and guarantor recourse issues, and resolving title issues.

• Served as outside general counsel to a purchaser in the acquisition of Oklahoma taco restaurant franchises and related business assets collectively valued at $2.8 million.

• Served as outside general counsel to sellers in a $15 million sale of 25 hamburger fast food restaurant franchises and related business assets to an Oklahoma purchaser.

• Served as local NY counsel to a Canadian client in a $9.4 million cross-border acquisition of a food manufacturer and related real estate.

• Completed environmental and real property due diligence in connection with a series of equity investment transactions in several solar energy facilities in Massachusetts and New York, and as local counsel, advised our client, the investor, of the legal and business risks and prepared permit schedules for closing.

Alerts

• Navigating Filing Requirements Under the New York Limited Liability Company Transparency Act
• The Idiosyncrasies of Connecticut's Mortgage Foreclosure Process
• Rights of a Real Estate Buyer When a Seller Is in Bankruptcy
• Red Flags That a Company May Be in Financial Trouble, Part 3: Real Estate
• US Department of the Treasury Proposes New Beneficial Ownership Reporting Requirements
• "Essential Business" Defined for Real Estate Industry
• HUD's Final Rule on FHA-Insured Condos
• New York State's New Eviction Laws
• Tax Act Changes Impacting Real Estate
• New Cybersecurity Regulations May Apply to Companies that do Business with NYS Chartered Or Licensed Banks, Mortgage Bankers, Insurance Companies and Others

Press Releases

• Barclay Damon Welcomes Back Commercial Real Estate and Financial Transactions Associate Dzifa Gan
• Barclay Damon Lands 10 Attorneys From Burns & Levinson, Including Its Third IP Group in Less Than a Year
• Ray Caso Jr. Joins Barclay Damon
• Cassandra Rich Elected President of the Monroe County Bar Association Board of Trustees
• Katie Kemp Joins Barclay Damon
• Christopher Babiarz Joins Barclay Damon
• Dzifa Gan Joins Barclay Damon
• Seven Law Clerks Named Associates After Admission to New York State Bar
• Ari Goldberg Joins Barclay Damon
• Cassandra Rich Joins Barclay Damon's Rochester Office

News

• Barclay Damon's Addition of 10 Attorneys From Burns & Levinson Highlighted in Multiple Publications
• Steve Schram Honored With Visionary Award From Sulam
• Cassandra Rich Interviewed for Rochester Business Journal Article on Becoming MCBA President
• Cassandra Rich's MCBA President's Message Published in the NY Daily Record
• Cassandra Rich Named to Daily Record Power 20 Real Estate Law List for 2023
• Corey Auerbach Named to 11th Annual Buffalo Business First Power 250 List
• Corey Auerbach and Peter Marlette Featured in Buffalo Business First Article on Managing Director Role
• Steve Tranelli Named to Daily Record Power 20 Real Estate Law List for 2022
• Corey Auerbach and Frank Heller Author "Lien on Me" for Community Association Connection

Events

• New York State Commercial Association of Realtors WNY Chapter Event

Must Know Minute™

• Letters of Intent for Leases: Incorporate Electrical Box Specifications
• What Is Percentage Rent, and Why Is It Beneficial?