Brainsky Levinson
1. Secured the dismissal of all claims (14 in total) brought by 2 plaintiffs against our client in the Bristol County Superior Court. The claims alleged by the plaintiffs in that case included claims of constitutional rights violations, violations of various State and Federal statutes, nuisance, defamation, breach of contract and other counts. Thereafter, the Firm was able to secure an award of attorney's fees and costs incurred in defending against that action pursuant to Massachusetts General Laws Chapter 231, Section 6F.
2. Secured a civil judgment in the amount of $11,000 from the Sixth Division District Court, Providence, Rhode Island arising out of a business dispute between our client and her former business partner.
3. Successfully negotiated a monetary settlement in excess of $80,000 on behalf of Our Client arising out of contractual disputes related to the construction of, and petroleum service to a series of gasoline stations in both Massachusetts and Rhode Island.
4. Secured a civil judgment on liability on behalf of Our Client as holder of a commercial promissory note, which is alleged to be in excess of $50,000 at this time. A trial on damages only is expected to be held by early 2016
5. Secured a civil judgment for breach of contract on behalf of a local building supply company.
6. Secured out of court settlement of claims arising out of home construction contracts on behalf of several homeowners from Marlboro & Freetown, MA, as well as Cranston, R.I.
7. Secured an out of court settlement on behalf of a client on a commercial landlord-tenant arising out of commercial real estate located in East Providence, RI and involving claims in excess of $100,000.
8. Secured a civil judgment in the Business Law Session of the Suffolk County Superior Court to dissolve a nonprofit corporate entity pursuant to Massachusetts General Laws Chapter 180.
9. Represented a regional oil tradesman and marketers association as Amicus Curiae in a proceeding in the Supreme Judicial Court (SJC) of Massachusetts involving the question of whether leaded gasoline falls within the "Oil Exemption" of M.G.L. c. 21E and the Code of Massachusetts Regulations. On Motion on behalf of our client, we were able to procure permission from the SJC to present oral argument on behalf of Amicus Curiae, which has only been granted a handful of times in the last 25 years by the SJC. We argued before the SJC on October 8, 2015, and the Court's decision is currently pending. Peterborough Oil Company, LLC v. Massachusetts Department of Environmental Protection, SJC C.A No. 111851 (representing Amicus Curiae, Independent Oil Marketers Association of New England, IOMANE).
10. Secured all development permits including site plan review, a groundwater special permit and certain environmental permits for a 12,000 square foot commercial development project located in Rehoboth, MA.
11. Secured all development permits for an 11 lot residential subdivision project located in Seekonk, MA.
12. Secured all environmental and development permits for the redevelopment of a large car dealership that is located in North Attleboro, MA.
13. Secured initial development approvals and positive recommendations from all local boards and commissions on a 32 unit 40B (LIP Project) to be constructed in Swansea, MA.
14. Secured variances for several properties located in Seekonk, MA that permitted the construction of single family homes and/or additions thereto.
15. Secured development permits for an offsite car dealership in Rehoboth, MA.
16. On a site governed by several levels of complex environmental and land use regulatory requirements (including several Coastal Flood Zones and local zoning restrictions), Brainsky Levinson, LLC secured all permits for the redevelopment of a pre-existing nonconforming residential complex located in Wareham, MA.
17. Successfully defended and/or procured favorable settlements for several of our clients who were cited with alleged licensing violations by regulatory boards and commissions located in Boston, Randolph & Seekonk MA as well as Providence, RI.
18. Secured a new Innkeeper's liquor license for a 100 room hotel located in Seekonk, MA.
19. Secured a modification to, and expansion of an existing liquor license for a 100 room hotel located in Yarmouth, MA.
20. Secured new liquor, victualling and entertainment licenses for a restaurant and upscale lounge located in downtown Providence, RI
21. Represented the purchaser in the negotiation and purchase of a tavern and restaurant located in Bristol, RI. Thereafter, secured the transfer of the liquor license and approval of new victualling and entertainment licenses for that location.
22. Represented the Sellers of a commercial business and parcel of real estate containing a restaurant located in Pembroke, MA, for the sale of the major business assets of the business and structured sale of the real estate via 'lease to own' commercial arrangement.
23. Represented multi-million dollar company in sale of a portion of its assets, including negotiation of a wide-array of transaction documents necessary to consummate the transaction
24. Represented purchaser of an historical property in transaction to ensure property maintains its historic character
25. Represented client in successful negotiation of an assignment of a commercial lease to new tenant, including negotiation of payment structure and liability releases
18. Secured a new Innkeeper's liquor license for a 100 room hotel located in Seekonk, MA.
19. Secured a modification to, and expansion of an existing liquor license for a 100 room hotel located in Yarmouth, MA.
20. Secured new liquor, victualling and entertainment licenses for a restaurant and upscale lounge located in downtown Providence, RI
21. Represented the purchaser in the negotiation and purchase of a tavern and restaurant located in Bristol, RI. Thereafter, secured the transfer of the liquor license and approval of new victualling and entertainment licenses for that location.
22. Represented the Sellers of a commercial business and parcel of real estate containing a restaurant located in Pembroke, MA, for the sale of the major business assets of the business and structured sale of the real estate via 'lease to own' commercial arrangement.
23. Represented multi-million dollar company in sale of a portion of its assets, including negotiation of a wide-array of transaction documents necessary to consummate the transaction
24. Represented purchaser of an historical property in transaction to ensure property maintains its historic character
25. Represented client in successful negotiation of an assignment of a commercial lease to new tenant, including negotiation of payment structure and liability releases
26. Representation of commercial developer in the sale of a portion of its commercial property to prospective future developer
27. Represented client in sale of commercial property involving a gas station and convenience store
28. Represented commercial client in the refinancing of multiple commercials properties throughout Massachusetts and Rhode Island
29. Successfully negotiated commercial lease for commercial tenant to lease a gasoline station and convenience store
30. Represented commercial real estate holding company in the restructuring of a commercial lease with a national casual dining establishment
31. Represented company in securing a multi-million dollar line of credit for the buildout of a commercial facility
32. Successfully negotiated a new employment contract with a South Coast municipality for a Captain of the municipal Police Department.
33. Represented terminated employee in wage/hour dispute involving back-owed vacation and wages improperly withheld from client
34. Advised employer in drafting personnel/employee handbook, including inclusion of new confidentiality and noncompetition policy
35. Represented client during separation from employer, including negotiations involving purported noncompete agreement
36. Counseled employer during transition of management staff, including negotiation of severance agreement for outgoing professional and negotiation of employment terms for new professional
37. Represented multi-million dollar company in negotiations of severance for parting executive
38. Represented client in separation from his position as a municipal employee, including negotiation of severance/separation payment
39. Successfully defeated a Motion to Dismiss brought by defendant which sought to dismiss a complaint for disability discrimination based on pre-emption under the Massachusetts Professional Status Teacher statute.
40. Negotiated settlement in premises liability matter involving significant injuries to plaintiff as a result of a defective parking lot gate/arm
41. Negotiated settlement in an automobile accident case involving rear-end collision resulting in torn MCL and lower back injuries
42. Negotiated settlement in trip-and-fall accident involving a defective sidewalk which resulted in permanent hand injuries and neurological issue.
1. Secured a jury verdict and judgment in the amount of $352,178.22 on a negligence claim brought by a local realty company against the City of East Providence. Additionally, on an issue of first impression in Rhode Island, the Superior Court issued a written decision on April 28, 2014 that held the statutory municipal damages cap of $100,000 and prohibition on pre-judgment interest to be inapplicable to any damage award against City of East Providence and in favor of the Plaintiff. Sao Realty Co., Inc. v. City of East Providence, PC 2013-1125
2. After successfully defending a local excavating company against several claims made against it for alleged violations of various State and Federal laws and regulations, in the United States Federal District Court, Boston, MA in 2013, Brainsky Levinson, LLC successfully defended multiple appeals brought by the Plaintiffs in both the First Circuit Court of Appeals and the United States Supreme Court. Timothy E. Cichocki and Y. Dolly Hwang v. GT Excavating Corp., et al U.S.C.A. 13-1286 (Consolidated with 13-1398, 13-1639, 13-1664); Petition for Writ of Certiorari Denied by U.S.S.C. No. 14-5726
3. While representing a local real estate developer and broker, just prior to empanelment of a civil jury in the Providence Superior Court, Brainsky Levinson, LLC successfully procured a multi-faceted settlement of a complex real estate dispute involving issues of contract, estoppel, unjust enrichment, fiduciary and statutory duties. Thomas R. Chace d/b/a Chace Real Estate Development v. Joseph Silveira et al PC 13-2803
4. Successfully procured a $22,000 civil judgment against a local tire distributor in favor of the wholesale tire supplier operating out of Corinna, ME. BDS Waste Disposal, Inc. v. Affordable Used Tires of Avon d/b/a MTX Used Tires Norfolk District Court 1354-CV-000756
5. Successfully defended and secured a dismissal of an action for a commercial eviction and suit for damages in excess of $100,000 brought against a local wood pellet plant by the landlord entity. Ferris Ave. Realty, Inc. v. Inferno Wood Pellet, Inc. C..A. No. 13-9987
6. After securing a civil judgment of fraud against a local cabinetry company and its principals on behalf a large local contractor, Brainsky Levinson, LLC successfully defended and secured a judgment in an adversary proceeding brought against the principal of the local cabinetry company who filed for bankruptcy, thereby precluding our client from having its civil judgment discharged in bankruptcy. Following the entry of judgment in favor of our client in the adversary proceeding, Brainsky Levinson, LLC successfully negotiated a sizeable monetary settlement for our client. Ferreira Construction Co., Inc. v. Furtado E.D.Mass.Bankruptcy 13-A.P.-1326
7. Successfully procured a civil judgment of possession of the property and arrearage of over $40,000 in favor a commercial landlord against a non-paying commercial tenant in Cumberland, R., thereafter domesticating the civil judgment in Massachusetts to collect on the judgment. 2295 Management, LLC v. Diamond Hill Convenience C.A. No. 14-4375
8. Represented a large local commercial supply company and subcontractor in securing approval and compensation for a claim on unsecured debt against a general contractor in a Rhode Island receivership proceeding David Friedman Trust u/d/t October 21, 2002 by Daniel J. Ryan its Trustee v. Paramount Restaurant Supply Corp. PB 13-5509 (with Brainsky Levinson, LLC representing Taylor Freezer of New England, Inc.)
9. Successfully negotiated the third-party settlement of a motor vehicle accident involving severe back injuries for the policy limit.
10. Successfully negotiated a third-party settlement of a motor vehicle accident involving a severe MCL sprain.
11. Successfully negotiated a third-party settlement of a motor vehicle accident involving a severe back, neck, and shoulder injury.
12. Successfully secured all development permits for an 18 lot subdivision project located in Seekonk, MA.
13. Successfully secured all development permits, including zoning variances for a large digital billboard to be located on Route 6 in Rehoboth, MA.
14. Assisted in securing development permits for a 40+ lot subdivision project located in Rehoboth, MA.
15. Successfully secured all permits for a gasoline service station and convenience business for the first electronic sign ever to be installed in Mattapoisett, MA.
16. Contemporaneous with securing a settlement of a civil action brought by a local property owner against the Town of Rehoboth in the Massachusetts Land Court, represented that local land owner in obtaining a successful layout and approval (before the Planning Board, Board of Selectmen and Town Meeting) of a public roadway that had been in dispute for over 50 years Kotch v. Town of Rehoboth, Massachusetts Land Court 12 MISC 470581
17. Successfully secured amendments to a previously approved definitive subdivision project in Seekonk, MA in order to eliminate the condition of approval requiring the installation of residential sprinklers in the future single family homes.
18. Successfully resolved a long standing dispute with the Franklin, MA Board of Health, which dispute involved a series of outdated septic disposal systems servicing a large local youth camp by assisting in permitting efforts to develop and construct a new large shared septic system.
19. Successfully secured an adoption of a formal policy in the Town of Seekonk requiring the Town to plow subdivisions under construction and unaccepted roads.
12. Successfully secured all development permits for an 18 lot subdivision project located in Seekonk, MA.
13. Successfully secured all development permits, including zoning variances for a large digital billboard to be located on Route 6 in Rehoboth, MA.
14. Assisted in securing development permits for a 40+ lot subdivision project located in Rehoboth, MA.
15. Successfully secured all permits for a gasoline service station and convenience business for the first electronic sign ever to be installed in Mattapoisett, MA.
16. Contemporaneous with securing a settlement of a civil action brought by a local property owner against the Town of Rehoboth in the Massachusetts Land Court, represented that local land owner in obtaining a successful layout and approval (before the Planning Board, Board of Selectmen and Town Meeting) of a public roadway that had been in dispute for over 50 years Kotch v. Town of Rehoboth, Massachusetts Land Court 12 MISC 470581
17. Successfully secured amendments to a previously approved definitive subdivision project in Seekonk, MA in order to eliminate the condition of approval requiring the installation of residential sprinklers in the future single family homes.
18. Successfully resolved a long standing dispute with the Franklin, MA Board of Health, which dispute involved a series of outdated septic disposal systems servicing a large local youth camp by assisting in permitting efforts to develop and construct a new large shared septic system.
19. Successfully secured an adoption of a formal policy in the Town of Seekonk requiring the Town to plow subdivisions under construction and unaccepted roads.
20. Represented a series of clients in modifying the existing ownership interest in an existing limited liability company and obtained the requisite approvals to do so from the local licensing authorities and the Massachusetts ABCC.
21. Represented a series of clients in drafting and/or modifying commercial leases on over a dozen commercial properties, each with different uses and restrictions for properties located in various locations from Northern Massachusetts, to Southern Rhode Island.
22. Represented a client in securing a line of credit of over $2,300,000 for capital improvements and general operating expenses from a local lending institution.
23. Represented a client in forming a nonprofit organization supporting education, including counseling regarding 501(c)(3) status, financing options, and related legal matters.
24. Represented a nonprofit entity with respect to conversion to a for-profit entity, including guidance regarding legal requirements and plan for conversion.
25. Represented a client in forming real estate holding entities, including guidance with respect to legal requirements and securing of financing for proposed property acquisition.
26. Represented local real estate developer in the conveyancing of residential lots to prospective homeowners, including securing covenant releases.
27. Represented client in the acquisition of multiple gas stations throughout Massachusetts, including negotiation of purchase agreements and due diligence.
28. Represented client in negotiation of franchise agreement with existing company for the production and sale of products throughout the greater Rhode Island and Massachusetts area.
29. Represented a multi-state document storage company in a myriad of legal matters, including the successful renewal of a real estate lease for one of its commercial properties, and for certain ancillary agreements with medical providers consistent with HIPAA rules and regulations.
30. Successfully secured a settlement of an employment matter involving claims of tortious interference and defamation brought by a faculty member against a local University.
31. Represented numerous medical professionals in the negotiation of employment contracts in hospitals and medical institutions throughout Massachusetts and Rhode Island.
32. Represented a medical professional with respect to an ongoing employment matter involving his medical practice, including negotiation of terms of employment.
33. Represented a school administrator in the successful separation from a school district, including issues with clearing of record and employability for future employment.
34. Assisted local construction company in successfully defending against a wage/hour audit by the United States Department of Labor.
1. Successfully defended a local excavating company against several claims made against it for alleged violations of various State and Federal laws and regulations, procuring a dismissal of all claims in the United States Federal District Court, Boston, MA Timothy E. Cichocki and Y. Dolly Hwang v. GT Excavating Corp., et al USDC C.A. NO. 1:12-cv-12010-WGY
2. After successfully procuring all local approvals for a 9 lot conservation development subdivision project located in Seekonk, MA, we successfully procured the dismissal of a subsequent appeal brought by a governmental agency who also was an abutter to the project. Seekonk Water District v. Town of Seekonk and Najas Realty, LLC, C.A No. BRCV 2013-00674
3. Successfully procured a $40,000.00 settlement for a client in a complex commercial real estate dispute in the Rhode Island Superior Court.
4. Successfully secured a settlement of a $150,000.00 claim on commercial paper on behalf of a commercial lender via civil action in the Barnstable Superior Court.
5. Successfully defended and secured a settlement of a $16,000,000.00 claim involving a complex business dispute made against two clients in the Middlesex County Superior Court.
6. Represented a plaintiff employee in successfully defeating a defendant employer's attempt to stay proceedings and certify an interlocutory appeal to the First Circuit Court of Appeals with respect to the denial of the defendant employer's motion to dismiss. Poole v. Mackey, 929 F.Supp.2d 35 (D.R.I. 2013).
7. Successfully secured all permits for a 23 lot bi-municipal subdivision project, which straddled the Rehoboth, MA and Swansea, MA Town lines.
8. Assisted in securing all permits for a 27 lot residential subdivision project located in Attleboro, MA.
9. Successfully secured all permits for a 3 lot residential subdivision project located in North Smithfield, RI.
10. Successfully secured all permits for a 3 lot residential subdivision project located in Somerset, MA.
11. Successfully negotiated and secured the acquisition of municipal property from the Town of Westport, MA for a client owning abutting property.
12. Successfully secured a zone change, changing a Residentially zoned property to a Business zoning designation in Rehoboth, MA.
13. Represented a series of our commercial clients in the sale of several gas station/convenience stores, major assets and/or their commercial real estate(s) located in Mansfield, CT, Johnston, RI, Cumberland, RI, Seekonk, MA, and Marshfield, MA.
14. Represented a client in a major refinance involving several gas station/ convenience stores located in Littleton, MA, Lancaster, MA, and Concord, NH.
15. Represented the buyer of Hillside Country Club, Rehoboth, MA in the purchase of the real estate and major business assets in a Rhode Island State Court Receivership Proceedings, and thereafter in all aspects of securing commercial financing, as well as business and real estate acquisition for the facility, and secured the transfer and expansion of all liquor licenses from the MA ABCC.
16. Represented the purchaser of the establishment now known as the Dublin Rose, Seekonk, MA in regard to the purchase of all business assets from the seller and successfully secured the transfer and expansion of the liquor license for the facility from the MA ABCC.
17. Represented a Rhode Island non-profit organization in the refinance in excess of a $1,900,000 commercial loan.
18. Represented a client in the sale of a 50+ acre parcel of land located in Scituate, RI.
19. Represented a group of clients in the corporate establishment and business organization for a Rhode Island used car dealership.
20. Represented a local real estate developer in the permitting and contract negotiations for the relocation of a natural gas pipe line servicing a residential subdivision located in Swansea, MA.
21. Represented a nonprofit organization in the negotiation of a settlement of a contract dispute with a contractor.
22. Advised and assisted a client in the formation of a sophisticated business entity associated with online sales/e-commerce.
23. Represented multiple medical professionals in the negotiation of employment contracts with various healthcare institutions throughout Massachusetts and Rhode Island.
24. Represented an employee in an ongoing dispute with an employer involving harassment and inappropriate conduct with another employee.
25. Successfully represented a School Administrator before an administrative board, wherein a recommendation from the District’s Superintendent to not renew that teacher's contract was overturned by the board, allowing for the continued employment of the administrator.
26. Negotiated a settlement/severance agreement for an employee separating from a sales position, securing the client adequate compensation and benefits upon separation from the employer.
