Sanchez & Polovetsky, PLLC Negotiates Agreement in Atlantic Yards Eminent Domain Proceeding, Saving Brooklyn Business Over $200,000 With Extra 30 Days To Relocate

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Sanchez & Polovetsky, PLLC Helps Longstanding Brooklyn Business Survive Eminent Domain

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“Not only does the agreement we negotiated save our client close to $200,000 in use and occupancy rent, but it allows our client an extra month to relocate its business from the 25,000 square foot plus Brooklyn warehouse..." says Polovetsky.

Sanchez & Polovetsky, PLLC, a leading eminent domain law firm in New York City, successfully negotiated a beneficial Vacate Agreement for its client, Atlantic Wool Co. Inc., (“Atlantic Wool”), a condemnee in the Atlantic Yards/Barclays Center Eminent Domain Proceedings. The Vacate Agreement helps to save Atlantic Wool’s business by relieving the company from its obligation to pay the New York State Empire Development Corporation (the “ESD”) approximately $200,000 in unpaid back rent, and by securing an additional 30-day extension of time for Atlantic Wool to relocate. For many years, Atlantic Wool, through its President Aaron J. Piller, has successfully operated its textiles business at 666 Pacific Avenue, Brooklyn, NY a/k/a 25-27 6th Avenue, Brooklyn, NY 11217 (the “building”). Mr. Piller is a well-respected business owner in his Brooklyn community.

Court records show that in September of 2014, the building was acquired by the ESD in the Atlantic Yards Eminent Domain Proceedings for purposes of redevelopment in the case entitled: Matter of the Application of the New York State Urban Development Corporation d/b/a Empire State Development, Atlantic Yards Land Use Improvement and Civic Project, Phase 2A ("Atlantic Yards Phase 2A"), Kings County, Index No. 12195/14.

According to Court records, last Thursday January 29, 2015, Sanchez & Polovetsky partner Jennifer Polovetsky, Esq. appeared on behalf of Atlantic Wool in Part 89 of the Brooklyn Supreme Court, in the case of Atlantic Yards Phase 2A, Index No. 12195/14. Polovetsky orally read the terms of the Vacate Agreement that the firm had negotiated on its client's behalf onto the record before Justice Wayne P. Saitta, the presiding New York State Supreme Court, Kings County Condemnation Judge. As shown by Court records on file with the Kings County Clerk's office, Justice Saitta approved the terms of the Vacate Agreement and “SO ORDERED” the annexed stipulation.

The transcript of the January 29, 2015 Court proceedings shows that the ESD asked the Court to issue an order granting the ESD a writ of assistance to evict the tenants of properties (but not Atlantic Wool) acquired by the agency via eminent domain by no later than February 28, 2015, so as not to hinder the ESD’s construction schedule. The transcript shows that Justice Saitta granted the ESD’s requests for eviction by February 28, 2015, except for those that were procedurally deficient due to a technicality, which the ESD agreed to remedy.

As shown by the terms of the Vacate Agreement with annexed stipulation on file with the Kings County Clerk's Office under Index No. 12195/14, Sanchez & Polovetsky, PLLC's client Atlantic will be able to stay in the building where it runs its business until March 31, 2015-a full month longer than the other tenants being evicted by the ESD; and Atlantic Wool will not have to pay a penny in use and occupancy rent.

“Not only does the agreement we negotiated save our client close to $200,000 in use and occupancy rent, but it allows our client an extra month to relocate its business from the 25,000 square foot plus Brooklyn warehouse where it has operated its textiles business for many years,” says Polovetsky.

Philip Sanchez, Esq., another partner at Sanchez & Polovetsky PLLC who appeared in Court alongside Polovetsky, said: “It is certainly challenging for Atlantic Wool and Mr. Piller to relocate a business from the building where it has operated for decades. I know many businesses that are not able to survive after eminent domain, and I am pleased that we were able to obtain additional time to enable Atlantic to relocate. It is the difference between the obliteration of Mr. Piller’s livelihood and the continuation of an established New York City business.”

ABOUT SANCHEZ & POLOVETSKY, PLLC. Sanchez & Polovetsky, PLLC focuses its practice on eminent domain and commercial real estate. The attorneys at the firm have over three (3) decades of combined legal experience. Recently, Sanchez & Polovetsky PLLC won the largest eminent domain trade fixture case in New York State history, in connection with the Kosciuszko Bridge replacement project.

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Nataly Blumberg
since: 01/2011
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Sanchez & Polovetsky, PLLC
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