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Peter J. Weishaar

Experience

Peter is an experienced trial lawyer, working with businesses, individuals, and municipalities to resolve disputes in state and federal trial and appellate courts, and state and federal administrative agencies, across a broad spectrum of civil litigation matters, including:

  • Business and Contract Disputes;
  • Partnership and Shareholder Disputes;
  • Labor and Employment Matters;
  • Estate Litigation; 
  • Non-Competes and Restrictive Covenants;
  • Land Use and Zoning Matters;
  • Article 78 and Other Government Proceedings;
  • Tax Assessment Review; and
  • Personal Injury

Peter is also a trusted advisor and advocate for municipalities, including numerous fire districts, and towns, villages, planning and zoning boards, and other local governmental entities on an ongoing basis, and as special litigation counsel.

Highlights:

  • Awarded summary judgment in Surrogate’s Court on behalf of minority shareholder requiring estate of majority shareholder to sell shares in corporation owned at the time of death using the valuation methodology set forth in the shareholders agreement.
  • Obtained judgment following a bench trial, dismissing claims made against a medical practice by a former physician-shareholder who claimed to have been underpaid pursuant to a compensation formula in the physician’s employment agreement with the practice.
  • After being appointed special litigation counsel to defend a planning board against claims made by a community opposition group as well as cross-claims made by the municipality’s legislative body in an Article 78 Proceeding seeking to overturn the planning board’s final site plan approval for a large mixed use project, Peter successfully obtained judgment dismissing all claims, including claims asserted under the Open Meetings Law.  This proceeding included several motions, discovery, and an evidentiary hearing.
  • After being appointed pro bono to represent a prisoner in a pending civil rights case, Peter obtained a verdict in favor of his client against two corrections officers. The jury determined that the defendants violated the client's Eighth Amendment rights by failing to protect him from a violent assault by another inmate.
Honors & Awards
  • AV Preeminent® Peer Review Rated by Martindale-Hubbell
  • Selected to The Best Lawyers in America®, Land Use and Zoning Law 
  • Selected to the Upstate New York Super Lawyers list
  • The Daily Record's Attorneys of the Year Leader In Law Award, 2015
Admissions
  • New York State Bar (1996)
  • U.S. District Court, Western District of New York (1996)
  • U.S. Court of Appeals, Second Circuit (1999)
  • U.S. Court of Federal Claims (2001)
  • U.S. Bankruptcy Court, Western District of New York (2004)
Education
  • Albany Law School (J.D., cum laude, 1995)
    • Albany Law Review: Member, Editorial Board; Note & Comment Editor; Author, "School Choice Vouchers and the Establishment Clause." 58 Alb. L. Rev. 543 (1994)
  • State University College at Geneseo (B.A., cum laude, 1992)
Professional Affiliations
  • American Bar Association: Law Practice Division, Litigation Section, Law Practice Management Section
  • New York State Bar Association: Commercial & Federal Litigation Section, Labor & Employment Law Section, Local & State Government Law Section
  • New York State Academy of Trial Lawyers
  • Monroe County Bar Association: Litigation Section, Judiciary Committee (2009-2015), Professional Performance Committee (2002-2003, 2005-2015), Nominating Committee (2002, 2003), Young Lawyers Section (Chair, 2000-2001), Academy of Law Board Member (1999-2000), Academy of Law Executive Board Member (1999-2000)
Community Involvement
  • Heart and Seoul Korean Culture Camp: Member, Planning Team (2014 - present)
  • Camp Chin-gu: Planning Team/Volunteer Coordinator (2011-2013)
  • Third Presbyterian Church: Personnel Committee (2013-2019), Elder (2013-2016), President, Board of Trustees (2008-2009), Member, Board of Trustees (2006-2009), Property Committee (2006-2009)
  • Penfield Business Association: Vice President (2008), Board of Directors (2007-2008)
  • SUNY Geneseo: Legal Studies Award Advisory Council, Rochester Advocate
Speaking Engagements & Publications

Peter is a frequent a member of the “Attorneys Panel” at state-wide gatherings of the Association of Fire Districts of the State of New York.  He also teaches the state-mandated commissioner training course throughout Western New York on behalf of the Association.  He has taught continuing legal education courses and presented to other professionals covering topics ranging from zoning law to negotiating physician employment contracts.

Peter writes an engaging and informative law blog, the Rochester Law Review, covering legal developments, cases of interest, and significant events in all key areas of his practice.  You can follow the blog on Facebook

A Rochester native, Peter resides in Penfield with his wife and two children. In his spare time, Peter enjoys Taekwondo, mountain biking and hiking with his family. Peter anticipates testing for his first degree black belt before the end of 2020.  Although he has only climbed 24 of the Adirondack High Peaks, his goal is to eventually climb all 46 peaks.