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Welcome to the O'Sullivan & Zacchea Law Blog! Check back regularly for practical legal tips on real estate, trust and estates, elder law and other everyday legal matters. 

  • Considering A Contingency Fee Agreement

    COMMERCIAL LITIGATION DEC 27th 2019

    We understand that litigation can be expensive and cost prohibitve. Unfortunatley for many parties that may have a valid claim the traditional law firm model of hourly billing can be too expensive for the party looking to start a lawsuit. At the lawfirm of O'Sullivan & Zacchea PLLC we may work with our clients on a contingency fee basis. This allows our clients to start a lawsuit when they normally might not be able to. It also gives our clients a level of comfort knowing that our firm is working as hard as we can to obtain a positive result. 

    What Type of Cases May Qualify for Contingency Work?

    A contingency-fee can be appropriate in a wide range of business disputes. Here are some examples where a contingency fee agreement may work:

    • A small or medium sized business that alleges a breach of contract or other harm by a larger organization but is lacking in the funds and resources to fight back.
    • When a partnership or company under a tight budget constraint that needs an attorney to help them bring an action in order to try and recover damages they are due.
    • Breach of contract claims..
    • A party that has filed a Mechanic’s Lien but has not yet collected any of the funds they are due. 
    • Someone who has issued a promissory note but has not yet collected the funds due to them under the terms of the note.

    It is not our goal to make money from our clients. We want to make money for our clients. For this reason whenever it is possible we enter into contingency fee agreements with a client. A contingenct fee agreement where our fee is base on how much we obtain for our clients reduces the exposure and downside for our clients and places a premium on achieving an optimal result quickly and efficently but there can be no settlement unless you agree to the terms. It is our policy not to accept a case unless we believe in it and beleive that we can obtain a positive results.

    If you believe that you have a valid claim against anohter party and you want to speak with an attorney, please feel free to call O'Sullivan & Zacchea at (718) 713-3499 for a free consultation with Kevin O'Sullivan. You can also contact Mr. O'Sullivan at Kosullivan@ozatlaw.com

  • O'Sullivan & Zacchea Obtains approx $850,000.00 Decision In Breach of Contract Case

    COMMERCIAL LEASE JUL 17th 2017

    Kevin O'Sullivan a founding partner of the law firm obtained an award of approximately $850,000.00 for Brooklyn based real estate Developer Two Trees Development in a breach of contract action brought against Clear Channel Outdoor Inc. in Kings County Supreme Court.

    The action centered upon two commercial leases entered into by Two Trees and Clear Channel Outdoor which gave Clear Channel Outdoor exclusive use of four rooftop billboards owned by Two Trees which faced the Manhattan Bridge in the DUMBO section of Brooklyn. 

    Shortly after the City of New York began to aggressively enforce its outdoor advertising sign regulations in March of 2010 Clear Channel Outdoor notified Two Trees that they were terminating the leases which were not set to expire until May of 2020. 

    The leases required that before rightfully terminating them Clear Channel Outdoor was required to use "Best Efforts" to have the signs legalized for usage as "outdoor advertising signs".

    The lawsuit was commenced in 2014 and after a lengthy and in-depth discovery process which included numerous depositions and a review of thousands of pages of documentary evidence. Mr. O'Sullivan on behalf of his client was able to obtain a decision prior to trial via a Summary Judgment Motion by arguing that Clear Channel Outdoor did not in fact utilize best efforts before they terminated the leases and were therefore in breach of contract. Two Trees was awarded approximately $850,000.00 in damages resulting from the unauthorized breach of contract by Clear Channel Outdoor who is currently appealing the decision. The case citation is 55 Washington Street L.L.C. and Brooklake Associates L.L.C vs. Clear Channel Outdoor, Inc.,7926/2014.

    Kevin O'Sullivan represents individuals and companies in a variety of commercial litigation matters such as partnership disputes, breach of contract matters, fraud, theft of service, as well as an array of real estate related matters . If you have an issue relating to your business that you feel requires legal representation please feel free to contact  Mr. O'Sullivan at kosullivan@ozatlaw.com or call (718) 713-3499. 

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