The firm's litigation department has represented clients in hundreds of civil actions. Many involve essentially "private" disputes between the parties. Others have had significant broader public impact and have resulted in appellate decisions which shape the development of the law. The following cases with publically reported written decisions are a representative sample.
Federal Court
Beechwood Restorative Care Center v. Leeds, 436 F.3d 147 (2d Cir. 2006) (civil rights claim based on the First Amendment against officials in the New York State Department of Health alleging retaliation against a skilled nursing facility).
Brewer v. West Irondequoit Central School District, 212 F.3d 738 (2d Cir. 2000) (the firm successfully defended one of the nation’s oldest voluntary interdistrict school desegregation programs against reverse-discrimination equal protection challenge).
Payless ShoeSource, Inc. v. Town of Penfield, 934 F.Supp. 540 (W.D.N.Y. 1996) (conflict between federally registered trademark and local zoning restrictions under 15 U.S.C. §1121(b)).
Independent Bankers Association of New York State, Inc. v. Marine Midland Bank, N.A., 575 F. Supp.1425 (W.D.N.Y. 1984); 583 F.Supp. 1042 (W.D.N.Y. 1984); rev'd, 757 F.2d 453 (2d Cir. 1985), cert. denied, 106 S.Ct. 2926 (1986) (legal status of automated teller machines utilized but not owned by national banks).
Murphy v. Empire of America, 583 F. Supp. 1563 (W.D.N.Y. 1984); 746 F.2d 931 (2d Cir. 1984) (loan recission rights under Truth -In-Lending statute).
State Court
Anders v. Segall, 124 A.D.2d 1029 (4th Dep't 1986) (jury verdict increased as inadequate in negligence case).
Anderson v. Flanagan, 87 N.Y.2d 362 (1996) (clarification of homeowner exemption from Labor Law §240 liability).
Beechwood Restorative Care Center v. Signor, 5 N.Y.3d 435 (2005) (action against the New York State Department of Health for attorney’s fees under the Freedom of Information Law).
Boyce-Canandaigua, Inc. v Brown, 289 A.D.2d 291 (4th Dep't 2001 ), reargument granted, 294 A.D.2d 960 (4th Dep't 2002 ) (modification of tax assessment review proceeding outcome after trial, involving multiple commercial properties in Canandaigua, NY ).
Cavigliano v County of Livingston, 254 A.D.2d 817, 678 N.Y.S.2d 186 (4th Dep't 1998) (innocent plaintiff barred from recovery for wrongful death in police chase, based on qualified immunity of sheriff's deputies).
Estate of Hayes v. Ontario Plastics Inc., 775 N.Y.S.2d 682 (4th Dep't 2004) (Upward modification of attorneys' fees awarded under provision of a promissory note, and entitlement to award of attorneys' fees incurred on appeal and related Article 78 proceeding).
Estate of Wheaton v. Metropolitan Life Insurance Co., 119 Misc.2d 615, 463 N.Y.S.2d 727 (Sup.Ct.Mon.Co. 1983) (fraud allegations re: sale of annuity contract sustained).
Jani v. Mason, Monroe Co. Sup. Ct., Commercial Division, April 2000 (no unconditional meeting of the minds on residential real estate contract) Public access copy of decision: http://www.nycourts.gov/comdiv/Law%20Report%20Files/May%202000/jani.html
Jones v. Community Bank of Sullivan County, 306 A.D.2d 679 (3d Dep’t 2003) (action for conversion based on dishonest bookkeeper’s fraudulent indorsement of checks deposited at the bank).
Podhorecki v. Lauer's Furniture Stores, Inc., 184 A.D.2d 1066, 585 N.Y.S.2d 268 (1992); 201 A.D.2d 947, 607 N.Y.S.2d 918 (1994) (attorney's fee rights and calculation in consumer litigation).
Scarminach v. Goldwell GmbH, 140 Misc.2d 103, 531 N.Y.S.2d 188 (Sup.Ct.Mon.Co. 1988) (nonexclusivity of Hague Convention procedures in state court discovery proceeding).
Silver v. Rochester Savings Bank, 73 A.D.2d 81 (4th Dep't 1980); 48 U.S.L.W. 2615 (1980) unenforceability of due-on-sale clauses in real estate mortgage).