Peter Klose

Klose & Associates, P.C.

• Nyack, New York
• January 1999-present

Principal of a general practice law firm managing a wide range of legal matters including litigation, business and real estate transactions, zoning and enforcement, professional malpractice, and administrative proceedings. Experience includes:

• Litigation of cases from inception through trial and appeal in various Federal and New York State Courts including briefing and arguing numerous appeals in the NYS Appellate Division, US Bankruptcy Court and US Court of Appeals for the Second Circuit. Cases including Rojas v. Paine , 125 A.D.3d 745, 4 N.Y.S.3d 223 (2nd Dept 2015) (successful prosecution of a professional malpractice case involving attorney malpractice in a real estate transaction); Correia v. Suarez, 52 A.D.3d 641, 860 N.Y.S. 2d 611 (2nd Dep’t 2008) (successful prosecution of a plaintiffs’ libel and intentional infliction of emotional distress case from inception through trial and enforcement in bankruptcy resulting from a property dispute between neighbors); various personal injury lawsuits (represented both plaintiffs and defendants); various insurance coverage claims and lawsuits; breach of contract claims; title disputes and other real estate claims including landlord and tenant disputes;
• Represented clients in administrative and governmental proceedings involving labor, real estate, and zoning, municipal building code enforcement, traffic, and minor criminal offenses in justice and town courts, planning boards, zoning boards and town and village boards in Westchester, Rockland and Dutchess Counties; and
• Drafted and negotiated a wide range of agreements and documents including distribution, license, transfer, settlement, non-disclosure, and purchase and sale agreements. Representative documents include purchase and sale agreements relating to business assets, including franchises and other small businesses; leases; restaurant set up and operation; agreements for all aspects of an IT business; trademark coexistence agreements; partnership and succession agreements relative to ownership of various business entities; corporate documents; promissory notes; easements, licenses, and real estate related agreements.

Associate Judge, Village of Nyack

• January – 1, 2023-present

Associate Judge for the Justice Court, Village of Nyack. Completed Judge School April 2023.

Village of Nyack Planning Board

• Chairman 2010 to 2023
• Member July 2004 to 2010

Reviewed, commented on and administered applications submitted to the Village of Nyack Planning Board during more than 220 open meetings; considered and helped draft code revisions for the Village of Nyack zoning code; managed the site plan approval process for all land use applications including single-family homes, sub-divisions, waterfront rezoning and park rehabilitation, multiple dwelling projects (such as Pavion, TZ Vista, Burd Street, Nyack Hotel, Adair, and upper Main Street developments), fast food establishments (including McDonalds, Taco Bell), commercial corridor development, parking structure and redevelopment of the Nyack Hospital, and fire station construction; recommended and considered area and use variance requests to the Zoning Board of Appeals; drafted regulations and reported to the Village Board on proposed legislation including waterfront zoning, parking requirements, location of cannabis dispensaries, adult book store zoning, subdivision laws, tree removal regulations, rooftop dining amendments, floor area ratio comparisons, 2008 zoning amendments, and green infrastructure and sustainability incentives.

Wilson, Elser, Moskowitz, Edelman & Dicker, LLP

• White Plains, New York 1997-1999
• Litigation Associate

Litigated defense of complex insurance coverage, product liability, general liability, environmental contamination and toxic tort disputes for private and municipal defendants. Actively assisted in all phases of litigation from answer to appeal. Representative cases include: defense of scaffold suppliers in accident cases at large construction sites under the N.Y.S. Labor Law; defense of a municipality (County of Putnam) from environmental claims under federal statutes CERCLA, RCRA, and various state law theories arising from alleged contamination of drinking water; product liability defense of elevator companies; general liability defense of motor vehicle accidents, slip and fall and similar types of claims; land use litigation involving zoning and SEQRA; and insurance coverage litigation arising from sexual assault, slip and fall, and environmental contamination claims.

Rockland Rowing Association, Inc.

• Nyack, New York 2006 to present
• Secretary and General Counsel

Active board member for regional rowing association (www.rocklandrowing.org) dedicated to improving the lives of others through the sport of rowing. Assisted in all administrative, executive and board member activities relative to management and legal affairs of non-profit association including formation and establishment of a non-profit entity, land use applications to the Village of Nyack and Rockland Lake State Park; grant writing applications; fundraising and general legal affairs. LEADERSHIP ROCKLAND Rockland County, New York 2009 Graduate of one year program for leaders of business, government, and not-for-profit sectors. Gained local insight and community leadership skills. Network and build relationships with over seven hundred leaders who have already participated in the program.

Leadership Rockland

• Rockland County, New York – 2009

Graduate of one year program for leaders of business, government, and not-for-profit sectors. Gained local insight and community leadership skills. Network and build relationships with over seven hundred leaders who have already participated in the program.

Reported Cases

Rojas v. Paine,125 A.D.3d 745 (2nd Dept. 2015); Rojas v Paine,101 A.D.3d 843; 956 N.Y.S.2d 81 (2nd Dept. 2012); Tessone v. Hoffman,84 A.D.3d 1219 923 N.Y.S.2d 704 (2nd Dept. 2011); Correia v. Suarez,52 AD 3d 641, 860 NYS 2d 611 (2nd Dep’t, 2008); Reissman v. Breer,2003 N.Y. App. Div. LEXIS 9876 (2nd Dept 2003); Bush v. City of New York , 195 Misc. 2d 882; 762 N.Y.S.2d 775 (Bronx Sup. Co. 2003); Cohen v. Gordon , 297 A.D.2d 272; 745 N.Y.S.2d 914 (2nd Dept. 2002); SAS Group, Inc. v. Madray , 2001 U.S. App. LEXIS 15753 (2nd Cir. 2001); Thompson v. Stop and Shop Companies, 715 N.Y.S.2d 147 (2nd Dept. 2000); Nardelli v. Young Israel, 716 N.Y.S.2d 711 (2nd Dept. 2000); Tzacks v. Dominion Const. Corp., 2000 WL 1878107 (2nd Dept. 2000); Medhi Dilmaghani & Co. v. Bring Savad & Fein , 712 N.Y.S.2d 415 (2nd Dept. 2000); Halaliv. Evanston Insurance Co., 666 N.Y.S.2d 676 (2nd Dept. 1997); Taylor v. V.A.W. of America, 714 N.Y.S.2d 321 (2nd Dept. 2000); Halali v. Vista Environments, Inc., 666 N.Y.S.2d 196 (2nd Dept. 1997); Friscia v. New Plan Realty Trust, 699 N.Y.S.2d 478 (2nd Dept. 1999); Stevenson v. Alfredo, 715 N.Y.S.2d 444 (2nd Dept. 2000); Guzman v. Estate of Fluker,641 N.Y.S.2d 721 (2nd Dept. 1996); and Burns v. New York City Transit Authority, 624 N.Y.S.2d 30 (1st Dept. 1995).

Publications and Seminars

• Blog: http://www.newyorkrealestatelawyerblog.com
• Articles: http://www.kloselaw.com/articles-events.html
• Presentations:Presenter, Ethics in Business Acquisitions, National Business Institute, May 2021; Presenter, New York Civil Engineering and Surveying Land Law, February 18, 2010; Presenter, Find it Free and Fast on the Net: Strategies for Legal Research on the Web, March 1, 2010, Poughkeepsie, NY