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news & articles |
Updated
April, 2008
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Sayward (Woody) Mazur,
leader of the
Construction Law practice
group at Mazur Carp & Rubin, was
quoted in the January 29, 2007 issue
of Crain’s New York Business
in an article, NYC Developers
Resist the Push to go Green.
He expressed concern about how much
thought is being given to the
long-term maintenance and
replacement costs for certain green
projects and unforeseen impacts down
the road. |
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Sayward (Woody) Mazur,
has achieved
the highest individual ranking among
New York City Construction Lawyers
by Chambers & Partners, in its
publication, “America’s Leading
Lawyers for Business” (2006
Edition). Group partner
Ira M. Schulman has
received recognition in the
publication as one of the top ten
and the firm as a whole remains
ranked in the top ten as it has been
since the inception of the
publication in 2003.
See Chambers website for its
credentials and research methods. |
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“Best Lawyers in New York,” a
ranking published by New York
Magazine since 2005, has come up
with its list for 2007. As it did in
2005 and 2006 , it includes Woody
for Construction Law, and
Gerald Carp, the head of
the Estates & Trusts group at Mazur
Carp & Rubin. |
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“Super Lawyers,” another publication
that ranks attorneys, names Woody,
Jerry and Construction Group
partners
Gary L. Rubin,
Ira M. Schulman and
Counsel
Brian G. Lustbader among
the best in their fields in its 2007
publication (a special supplement of
which appeared in the New York Times
in July). |
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Best Lawyers in America, published
by Woodward/White, Inc., of Aiken,
South Carolina, has advised that
Woody (for Construction Law) and
Jerry (for Estates and Trusts) “have
been selected by [their] peers to be
included in the 2007 edition...” |
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Note: Advertising rankings by
magazines such as New York Magazine
and Superlawyers is a matter under
review by the Ethics Committee of
the State of New Jersey. Mazur Carp
and Rubin is pleased to see its
attorneys named in such publications
but is not aware of the methods used
to include or exclude lawyers from
their lists. Certainly your choice
of attorneys should not be based on
such lists but on careful
consideration of an attorney’s
qualifications and experience and
personal interviews. |
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Brian Lustbader conducted
a seminar entitled "Construction Law
Contract to Closeout” in November
2007. That seminar was sponsored by
Lorman Education Services. Brian
conducts many Lorman seminars on
issues related to construction law
and litigation, as do Ira Schulman
and Woody Mazur. |
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See Mazur Carp & Rubin’s
Estate Planning Alert, Summer 2006
by clicking on
this link.
Gerald Carp,
Tom Draper |
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Brian Lustbader
recently analyzed the AIA's new
A201-2007 Form -- General Conditions
Of The Contract. The first
installment of his analysis appeared
as the Legal Column of the
March/April 2008 Edition of CM
Advisor, the official publication of
the Construction Management
Association Of America. The second
installment of his analysis is
scheduled to appear In the May/June
2008 Edition. Feel free to call
Brian if you have any questions
about the new AIA A201-2007 form or
any of the new AIA form agreements. |
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Successful appeals being such a rare
occurrence, Mazur Carp & Rubin is
particularly happy about the
successes of
Woody Mazur and
Frank Wagner in two
matters argued and won back to back
in successive terms of the Appellate
Division, First Department. In AJ
Contracting v Farmore Realty we
inherited from trial counsel, a
national law firm, an adverse
judgment for over $6 million which
included $2.5 million in ‘quantum
meruit’ damages in excess of the
amount of a lien discharge bond,
levied against the party that bonded
the lien, following a thirty day
bench trial. The Appellate Division
struck and dismissed all amounts
over the face amount of the lien
discharge bond, modifying the
judgment by $2.5 million. That was
in January. In February, we reversed
the lower court’s denial of our
motion for summary judgment
dismissing a multi-million dollar
counterclaim against our client
based upon alleged breach of
warranty of fitness of special
scaffolding (Spider, etc. v. Pegno/Tully
Joint Venture). (citations available
on request) |
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Our Estates & Trusts practice has
been enhanced in size and scope, not
to mention experience and
recognition, by the acquisition of
Robert Freedman, Esq. (a veritable
but relatively young ‘dean’ of Elder
Law), and his partner Barry I.
Lutzky, and associate Lisa M.
DeKenipp, all formerly of Freedman
Fish and Grimaldi LLP. Our welcome
new colleagues bring us skills and a
wealth of experience not only in our
traditional areas of estates and
trusts but also in Elder Law and
Disabilities planning. |
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Woody Mazur and
Gary Rubin jointly successfully
resolved within 8 months of
assignment of the cases a $17
million claim by a mechanical
subcontractor against the general
contractor on a major power plant, a
$5,000,000 sub-subcontractor claim
against the mechanical
subcontractor, and a $1.2 million
claim against it by another
sub-subcontractor. (Reference
available on request). |
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The firm is also pleased to have
been ‘awarded’ the role of
construction counsel to the
affiliate of a national power
company that is the owner of a 500
MW Power plant, presently under
construction, one of the largest in
the New York Metro area. |
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All authors’ royalties from
Westlaw’s renowned publication,
Commercial Litigation in New York
State Courts, go to the New York
County Lawyer’s Association, so we
take only ‘non-commercial’ pride in
directing readers to it.
Nevertheless, we are pleased that
Gary L. Rubin and
Woody Mazur are the
co-authors of its chapter 81 on
Construction Law, and that Gary,
principally, has been the author of
the annual updates since 1995. You
will find it covers many important
areas of substantive construction
law as well as litigation strategy,
pleadings and more. |
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Editors:
Sayward Mazur
&
Brian G. Lustbader |
