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Karben Copy A Newsletter from the Law Office of
Ryan Scott Karben
June/July 2008

Greetings!

Summer's arrival has not slowed down the frenetic pace of our activity for our clients. Sadly, the sagging economy provides fertile ground for commercial disputes as cash-flow challenges escalate into contentious litigation. While settlement is always our preference, our clients are counting on us to vigorously prosecute, to trial if necessary, the fruits of sour commercial relationships.

Real estate development in the northern suburbs remains a strong area of our practice, despite reports of a softening market. In this newsletter, you can read about the strong progress of Suffern's Urban Renewal Plan, to which we are special counsel and the construction on a major Active Adult housing development whose approval we secured. We have also commenced ten new site plan applications since the start of the year.

As always, please feel to contact me on any matter of interest. Best wishes for a restful and relaxing summer.

Ryan S. Karben

in this issue
  • Urban Renewal Moving Forward In Suffern; Senior Housing Project Sets Construction
  • Karben Obtains TRO in Threatened Commercial Defamation
  • Community Corner: Bonei Olam Fights Infertility
  • Good Luck, Senator Bruno

  • Karben Obtains TRO in Threatened Commercial Defamation
    legislation

    Ryan Karben, Esq. obtained a temporary restraining order (TRO) on behalf of a construction company threatened with commercial defamation by a disgruntled former consultant.

    The TRO, awarded in Supreme Court, Rockland County, prohibits the former consultant from interfering with his former customer's business. The consultant had threatened, in coarse language, to malign the company to current company clients he had met through his contract with the company.

    Prior restraints on defamatory speech, generally disfavored, are sanctioned by the court when they are "essential to the preservation of a business or other property right[s] threatened by tortious conduct in which the words are merely an instrument of and incidental to the conduct." Trojan Elec. & Mach. Co., Inc. v. Heusinger, 162 A.D. 2d 859, 860 (3rd Dept. 1990).

    Karben argued in the instant case that the threatened defamation was part of larger scheme to interfere with and disrupt the company's business, including tortiuous interference with existing contracts.

    The TRO was granted. The underlying proceeding remains pending.


    Community Corner: Bonei Olam Fights Infertility
    bonei

    Bonei Olam was founded by a group of individuals who themselves experienced the hardships of infertility and its mission is to provide funding for all aspects of fertility treatments, thus relieving couples of the financial, emotional and physical stress resulting from infertility.

    Bonei Olam has developed a strong and dedicated network of doctors and fertility centers across the world, enabling them to offer unsurpassed medical and financial assistance to all applicants.

    On June 30th, Bonei Olam will host it's Inaugural Rockland County Dinner. Your strong support of this vital organization will bring help and hope to so many loving families. For reservation or journal information, please call the dinner office at (845) 738-1024 or email dinner@boneiolam.org.


    Good Luck, Senator Bruno


    Senator Joseph L. Bruno announced that he was stepping down as Majority Leader of the New York State Senate, bringing to a close a remarkably successful tenure as a towering figure on New York's political landscape.

    Politics is a brutish sport and Senator Bruno's good humor was critical to many crucial public policy victories. As an Assemblyman, I always found him and his staff open and accessible. While the A ssembly and Senate often had divergent public policy approaches, Senator Bruno's affable nature and concern for average New Yorkers was always evident.
    I join my colleagues in and out of government in wishing the Senator a productive and relaxing retirement and wishing good luck to his successor, Se nator Dean Skelos.

    My government relations colleagues at FHGR always stand ready to assist with your lobbying and advocacy needs. After a tumultuous year in Albany, now is the time to fashion your political and advocacy agenda.


    Urban Renewal Moving Forward In Suffern; Senior Housing Project Sets Construction
    Suffern

    The Village of Suffern's long-awaited downtown revitalization and Urban Renewal Plan, to which the Law Office of Ryan Scott Karben is special counsel, is moving forward.

    The Board of Trustees is poised to adopt the details of the plan in early July based on a plan developed in collaboration between our office and Saccar di & Schiff, one of the Hudson Valley's leading urban planning firms.

    The plan, if adopted, will harness Suffern's potential as a t ransportation center by adding state- of-the-art one and two-bedroom condominium units on Orange Avenue. This new residential development and accompanying public improvements will spur more downtown residential development, strengthening the commercial district.

    Suffern's progress comes as another project represented by the Law Office of Ryan Scott Karben prepares for construction.

    The Views at Pomona , a 58 unit luxury active adult community, is ready to break ground. Development of this project required a host of municipal approvals, including a Special Permit from the Ramapo Town Board, and a multi-year site development and environmental review process.

    As one of the few attorneys who actually served as a member of a local Planning Board, Ryan Karben was able to guide this project to completion. It's a project of Regan Development Company, a premier Westchester County developer.

    Please conta ct us for assistance with any of your zoning and land use needs.

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