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Litigation

Our trial lawyers are recognized by their peers as among the highest caliber in Rochester and beyond.  Whether resolving disputes through negotiation, mediation, arbitration or litigation, our experienced team gets results. 

We have handled hundreds of civil actions.  While many of these cases involve essentially “private” disputes between the parties, others have had broader public impact and have resulted in appellate decisions which have shaped the development of the law. 

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Other lawyers refer their clients to us.   They know we will obtain optimal results, charge reasonable fees, and honor the referring lawyers’ primary relationship with the client.  We also collaborate with attorneys from out of the area who have federal or state litigation pending in Rochester, working as their local counsel at whatever level of involvement best serves the client. 

Our knowledge is expansive.  Our service is exceptional.  Our commitment to clients is unwavering.

We represent individuals, businesses, municipalities, and not-for-profit entities before state and federal trial and appellate courts and administrative agencies, in a broad spectrum of civil litigation matters, including the following:

Arbitration & Mediation

When appropriate, Alternative Dispute Resolution is an effective option that involves less time and expense than litigation. We offer extensive experience in all forms of ADR, including mediation, arbitration and summary jury trials. Our litigators have successfully represented clients in various alternative dispute resolution proceedings, including private and court-mandated arbitration and mediation.  We have also served as impartial arbitrators and mediators, and one of our litigators is a retired Supreme Court Justice who serves as a panelist for several commercial arbitration providers.

Article 78 Proceedings

These special proceedings under Article 78 of the New York Civil Practice Law and Rules permit a court to review decisions of various governmental boards and officials. Our litigators have successfully represented petitioners and respondents in such proceedings, including towns, villages, planning boards, zoning boards of appeals, developers and other businesses and individuals aggrieved by governmental actions.

Creditor Rights and Bankruptcy Litigation

Our creditor rights and bankruptcy attorneys represent both creditors and debtors in litigation.  Always cognizant of the need for efficiency in our efforts to resolve disputes and accomplish business goals, we combine outstanding work product and pragmatic strategies, often using alternate fee arrangements, to achieve superior results quickly.  The breadth of our experience enables us to assist clients in all manner of forums, all across New York.

Business and Contract Disputes

New York State is at the forefront of the development of commercial law. The firm’s litigators regularly appear before the Commercial Division of the New York State Supreme Court, which has jurisdiction over complex commercial cases. Our litigators have handled numerous cases involving breach of contract, breach of fiduciary duty, fraud, misrepresentation, and business torts such as unfair competition and the theft of trade secrets. The firm’s litigators have also handled cases involving statutory and other common law violations where the breach or violation is alleged to arise out of business dealings such as asset purchase agreements, shareholder agreements, partnership agreements, restrictive covenants and non-compete agreements.

Construction

Disputes between owners, contractors, subcontractors and suppliers can result in litigation or arbitration over who owes what to whom, or who did not perform their responsibilities in a particular project. Several of our litigators have successfully represented our clients in complex and protracted matters of this type.

Estate Litigation and Surrogate's Court Proceedings

How property is distributed upon death should be a straightforward matter based on a will, trust, or the laws of interstate succession in New York. Sometimes, however, questions are raised concerning the circumstances under which a last will and testament was written, leading to a Surrogate’s Court challenge to the will on grounds of incapacity, duress or undue influence. We have represented concerned and distraught family members in these difficult proceedings.  Surrogate’s Court is also the forum in which we have litigated claims regarding breaches of fiduciary duty by estate executors or administrators, or by trustees and agents under Powers of Attorney.

Health Care

The costs of healthcare, and the difficulties presented by a complex regulatory environment governed by overlapping state and federal laws has caused increasing friction and disputes between and among health providers, and with insurers and regulatory agencies. A substantial portion of the firm’s litigation work now involves the representation of physicians, nurses, nursing homes, allied health providers, and physician practice associations in litigation to resolve these issues.

Land Use and Zoning

The firm has represented individuals, developers, and municipalities in a wide variety of litigation involving land use and zoning matters. Our lawyers have also successfully represented both plaintiffs and defendants in actions seeking specific performance of contracts to purchase real estate.

Labor and Employment Litigation

Our litigators represent employers in state and federal court and before various state and federal agencies, including the United States Equal Employment Opportunity Commission (the EEOC) and the New York State Division of Human Rights and the New York State Department of Labor. The firm’s lawyers have successfully handled claims involving wrongful termination and discrimination under state and federal fair employment laws, the Family and Medical Leave Act, and other laws.

Personal Injury & Property Damage

We advise clients who have been seriously injured by the negligence or intentional misconduct of others. Our team handles only those cases where legitimate, significant harm has been sustained: We set wrongs right. Our compassionate approach sets us apart from other firms, which often have high-volume, impersonal practices reliant on mass media advertising.  We don't spend our resources on billboards; we spend them on you. Our smaller caseload allows us to provide more individual attention to clients, enhancing the likelihood of securing a recovery commensurate with your injury.

We have created a separate website, detailing our firm's personal injury practice, and we invite you to visit www.rochesterpersonalinjurylaw.com to discover how we can assist you. 

Tax Assessment

We defend municipalities in proceedings under Article 7 of the Real Property Tax Law both on an ongoing basis, and as special litigation counsel.

Tax Controversies

We represent individual and business taxpayers who have disputes with taxing authorities such as the Internal Revenue Service and the New York State Department of Finance.  Our tax controversy practice includes providing counsel and representation in audits, offers in compromise, and litigation before the U.S. Tax Court and the New York State Division of Tax Appeals.

Trade Secrets and Non-Compete Litigation

Our employment attorneys can assist you in drafting the clear, enforceable policies and agreements that you may need to protect your business assets and to minimize the risk of your organization being involved in litigation with a present or former employee. Should litigation become unavoidable, we have successfully represented businesses seeking to enforce non-compete agreements.  We have also represented individuals seeking to challenge overbroad and unenforceable non-compete agreements.