Jon A. Ward
Jon A. Ward is a Member and Partner of the firm and is responsible for the litigation and appeals practice area. He represents the firm’s clients in a wide variety of complex civil litigation in state and federal trial and appellate courts, with an emphasis on commercial, real-property, construction, environmental, municipal, and land use litigation, including civil rights claims arising from land use disputes. He also advises municipal land use boards in connection with legislative and administrative land use proceedings.
Mr. Ward provides comprehensive litigation services to the firm’s clients from the inception of a case through trial and appeal. His services include pre-action investigation and assessment of claims and defenses; preparation of pleadings (complaints, answers, replies and third-party practice); preparing and responding to pre-answer motions; all phases of pre-trial discovery, including document and e-discovery and the conducting and defending of depositions; preparing and responding to motions for summary judgment; representation at court conferences, hearings and arguments; and representation at trial and on appeal, if necessary. He also negotiates and structures settlements at any point in the litigation process.
His clients include Fortune 500 companies, public authorities, local governments, regional businesses, religious and not-for-profit corporations, as well as individuals.
He is the recipient of Martindale’s AV-Preeminent Peer Rating. In 2013, 2014, 2015 and 2016, Mr. Ward was selected to the list of New York Metro Super Lawyers. He was recognized in the practice area of Business Litigation.
Mr. Ward is admitted to practice law before the United States Supreme Court; the United States Court of Appeals for the Second Circuit; the United States District Courts for the Eastern and Southern Districts of New York; and all New York State Courts. He is also a member of the New York State Bar Association and the Nassau County Bar Association.
The following is a representative list of some of Mr. Ward’s reported decisions:
- Incorporated Village of Westbury v. Iacco Realty, LLC, 131 A.D.3d 1068 (2d Dep’t 2015) (obtained affirmance of trial-court order dismissing claims for money damages brought by tax-lien holder against municipality for wrongfully extinguishing tax liens on commercial property that was condemned by the municipality as part of a downtown revitalization project)
- Ballard v. New York Safety Track, LLC, 126 A.D.3d 1073 (2d Dep’t 2015) (obtained reversal of trial-court order declaring that a municipal site plan approval severely limited a client’s use of a private, 2.1-mile, closed-loop, motorcycle track constructed on a 134-acre property in upstate New York)
- JJM Sunrise Automotive, LLC d/b/a/ Audi Lynbrook v. Volkswagen Group of America, Inc. d/b/a Audi of America, 46 Misc.3d 755 (Sup Ct., Nassau Co. 2014) (obtained dismissal of business tort claims brought by a Long Island Audi dealer against the firm’s client, another Long Island Audi dealer who was awarded a new Audi dealership location in Nassau County by Audi of America)
- Anthony Alizio v. Peter Perpignano, 102 A.D.3d 819 (2d Dep’t 2013) (obtained affirmance of trial-court order denying summary judgment against the firm’s client on a claim that the client breached his fiduciary duty to his partners by accepting compensation from certain partners in exchange for his tie-breaking vote in favor of the sale of $35 million in partnership assets)
- Sunrise Harbor, LLC v. 35th Sunrise Corp., 86 A.D.3d 562 (2d Dep’t 2011) (obtained affirmance of trial court judgment establishing that defendant was liable for costs of cleaning up petroleum contamination in the groundwater under client’s commercial building)
- Anayati v. Zoning Board of Appeals of the Town of North Hempstead, 65 A.D.3d 681 (2d Dep’t 2009) (obtained reversal of trial court order which determined that the firm’s client could not appeal zoning determinations set forth in a criminal accusatory instrument to a local zoning board)
- AC-I Shore Road LLC v. Incorporated Village of Great Neck, 43 A.d.3d 439 (2d Dep’t 2007) (obtained affirmance of trial-court order annulling rezoning of 25 acres of waterfront property from industrial to residential on the grounds that the municipality failed to comply with the requirements of the New York State Environmental Quality Review Act)
- Bright Beginnings Day Care, Inc. v. Driftwood Day Camp, Inc., (2d Dep’t 2005) (obtained affirmance of trial-court order dismissing complaint seeking to enforce a right of first refusal to purchase camp property enabling firm’s client to close on the purchase of the property)
- Cohen v. State of New York, 2 A.D.2d 522 (2d Dep’t 2003) (prosecution of an Article 78 proceeding on behalf of commercial property owners to annul a determination of the New York State Department of Transportation to erect sound barrier walls on LIE in front of their buildings)
- Sexton v. Zoning Board of Appeals of the Town of Oyster Bay, 300 A.D.2d 494 (2d Dep’t 2002)(obtained reversal of trial-court order dismissing client’s Article 78 proceeding seeking annulment of zoning board’s denial of area variances for construction of a waterfront residence and obtained order from appellate division granting the variances so client could proceed with project)
- National Loan Investors, L.P. v. Futersak, 294 A.D.2d 506 (2d Dep’t 2002) (obtained modification of trial-court order compelling sale of residence owned by judgment debtor’s spouse enabling spouse to remain in exclusive possession of residence)
- Bishop John R. McGann v. Incorporated Village of Old Westbury, 256 A.D.2d 556 (2d Dep’t 1998) (obtained reversal of trial-court order denying municipality’s motion for summary judgment seeking dismissal of certain civil rights and zoning claims arising from municipality’s denial of a change of zone application for a 100-acre cemetery)
- In the Matter of Anthony F., 216 A.D.2d 564 (2d Dep’t 1995) (obtained reversal of trial-court order upholding Suffolk County’s denial of special education services to a two-year-old boy)
Several of Mr. Ward’s cases have also been featured in the media:
- “Long Island Family Fights to Keep Kennel Open,” NBC News 4, May 26, 2015 (TV story on the case of Patricia Kleber and Hav-a-Home Kennel, Inc. v. Incorporated Village of Muttontown, et al., New York State Supreme Court, Nassau County [Index No. 2015-004670])
- “Court Voids Foreclosure, Resale of 'Conservatively' Sold Condo,” New York Law Journal (August 2007) (Law Journal article reporting on the decision in the case of The Hamlet Golf & Country Club Homeowners’ Association v. Robin Prager, New York State Supreme Court, Suffolk County [Index No. 2005-025425]).
- “‘Hard Look Requirement,’ Judge Finds Great Neck Failed to Comply with Environmental Act,” New York Law Journal (January 17, 2006) (Law Journal article covering the case of AC-I Shore Road, LLC v. Incorporated Village of Great Neck, 43 A.D.2d 439 [2d Dep’t 2007])
- “After $7M Settlement, Chasanoff Sells Industrial Assets,” Long Island Business News (Feb. 4, 2005) (article covering the case of Ply-Gem Industries, Inc. v. Inip Co, et al., New York State Supreme Court, Nassau County [Commercial Division] [Index No. 2001-001450]).
Mr. Ward has published articles and lectured to professional groups in his areas of expertise.
Mr. Ward is the author of the following articles:
- Ward, J., “Constitutional Restraints of Governmental Power to Abate Public Nuisances,” Nassau Lawyer (September 2015)
- Ward, J., “Court Defines Standards Applicable to Due Process and Equal Protection Claims in Land Use Disputes,” Nassau Lawyer (December 2004).
- Ward, J., “Judicial Review of Administrative Land-Use Determinations: The Standard of Review Under Article 78 of the CPLR,” Nassau Lawyer (April 2003).
Mr. Ward’s lectures include the following:
- “Enforcement and Extinguishment of Restrictive Covenants,” Lecturer at CLE Program sponsored by First American Title Insurance Company, Uniondale, New York (October 2015)
- “Mortgage Foreclosures,” Lecturer at CLE Program sponsored by Hofstra University (June 2012)
- “New York State Environmental Quality Review Act,” Lecturer at CLE Program sponsored by National Business Institute (May 2003)
Mr. Ward earned his undergraduate degree from Yale University and his law degree, magna cum laude, from the University of Notre Dame.
Mr. Ward resides in in Bay Shore, New York, where he is involved with various charitable organizations. He is a member of the North Shore/LIJ Southside Community Hospital Board, the St. John the Baptist Diocesan High School Advisory Board, and Challenger Athletics, Inc., a not-for profit corporation that runs lacrosse and tennis clinics and a surfing camp for children with disabilities. He is also a Fellow with the New York Bar Foundation.