Sanchez & Polovetsky Settles Eminent Domain Case In Kosciusko Bridge Proceeding

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Firm triples initial eminent domain award paid to owner of New York’s oldest trucking company

Sanchez & Polovetsky, PLLC, (http://www.spnylaw.com) a midtown Manhattan law firm focusing its practice in eminent domain law, is please to announce that it has successfully settled a long and complex eminent domain case in the matter of McAley Associates Ltd. and James J Haley Trucking Corp vs. NYS Dept. of Transportation and the State of New York, NYS Court of Claims Claim No. 121753 (Sept. 20, 2012).

The long and complex legal proceedings, commenced by the firm in September of 2012, were settled on the eve of trial. Public records of the Kings County Clerk show that in December of 2011, the State of New York Dept. of Transportation (the “DOT”) acquired a portion of the land owned by McAley Associates, Ltd., which housed the cross-dock trucking terminal operated by James J. Haley Trucking Corp. (collectively, “Haley Trucking”), formerly located at 515 Gardner Ave in Brooklyn, NY, through its powers of eminent domain. As later alleged by Haley Trucking in its Claim filed in court, after the DOT’s partial taking, which essentially divided the property in half, the remainder of the property was useless for the purposes of continuing Haley Trucking’s business, since the trucks would no longer be able to maneuver in and out of the lot.

According to court documents, Haley Trucking (established in 1919) claims that it is New York’s oldest trucking company. Verified court documents further show that Robert Haley, owner of McAley Associates and Haley Trucking, is President of this long-standing family business. As claimed in the legal pleadings and expert appraisal reports filed in Court, after the DOT’s seizure of his property by eminent domain, Mr. Haley was unable to find a replacement cross-dock trucking terminal anywhere in the five-boroughs; nor was he able to find a replacement cross-dock trucking terminal in the New York metro area that was close enough to the highway to make his business work. As a result Mr. Haley claimed, in his court filings, that he was left with no choice but to move Haley Trucking to Jersey City in New Jersey; and that he was basically forced to start all over again.

According to filed Court settlement documents and attorneys at Sanchez & Polovetsky, PLLC, the DOT initially approved payment of an eminent domain award in the amount of $711,600 to Haley Trucking in December of 2011, then approved payment of an additional award in the amount of $113,720 in July of 2012, due to the firm’s direct negotiations with the DOT, for a total initial award of $825,320.

Unsatisfied with the inadequacy of the initial award(s), Robert Haley directed the firm to file a claim against the State DOT seeking additional damages. The firm filed Claim No. 121753 in the NYS Court of Claims on September 20, 2012.

Court documents show that in October of 2015, close to four (4) years after Haley Trucking was seized by eminent domain, Sanchez & Polovetsky settled the case for $3.5 million (exclusive of statutory interest), in an amount greater than three times the initial award.

“The Kosciusko Bridge project has displaced many businesses and we are thrilled to have been a part of helping an established family company continue to provide services and flourish in their new location,” says Philip Sanchez, partner at Sanchez & Polovetsky PLLC.

“We take great pride in helping family businesses navigate the financial intricacies and emotional stresses of eminent domain. Potentially losing a business that has been passed from generation to generation is not inevitable when given an Eminent Domain notice. The right legal support can offer the opportunity to grow and modernize a business,” says Jennifer Polovetsky, partner at Sanchez & Polovetsky PLLC.

ABOUT SANCHEZ & POLOVETSKY, PLLC

Sanchez & Polovetsky, PLLC is a midtown Manhattan based law firm, with offices at The Commerce Building, which focuses its practice in eminent domain law. The attorneys at the firm have over three (3) decades of combined legal experience in both the public and private sectors. Jennifer Polovetsky, Esq., who started her career as an attorney at the New York City Law Department in 2000 before entering private practice in 2003, is the firm's founding Member and a seasoned litigator with extensive experience in all aspects of Eminent Domain Law and Real Estate Law. Philip A. Sanchez, Esq., who became a Member of the firm in 2012, has over fifteen years of legal experience in both the public and private sectors, with a focus on Eminent Domain Law.

Both Jennifer Polovetsky and Philip Sanchez were named to the 2015 Super Lawyers list.

More information about the firm can be found on its website at: http://www.spnylaw.com

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Nataly Blumberg
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Sanchez & Polovetsky, PLLC
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