Significant Cases
Read the significant cases that the Firm has handled as they pertain to our areas of practice.
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- Municipal Defense – General Liability
- Municipal Defense – Law Enforcement
- Land Use & Zoning
- Business & Commercial Law
- Personal Injury & Wrongful Death
- Wills, Trusts & Estates
- Election Law
- Municipal Defense – General Liability
- Hangarter v. Morra
06-CV-0041
The Firm successfully defended the Village of Tannersville’s issuance of a stop work order for the construction of a restaurant expansion. In dismissing the action, the court agreed that the … - Bain v. Town of Argyle
066-CV-0075
The Firm defended the Town of Argyle against a claim by property owners that Town’s revocation of a building permit for a mobile home violated their constitutional rights of substantive … - Androme Leather Corp. v. City of Gloversville
05-CV-0733
In this civil rights action, the Firm defended the City of Gloversville Zoning Board of Appeals on a claim that the plaintiff was treated differently than other similarly situated leather … - Dennis v. Vansteinburg
63 A.D.3d 1620,881 N.Y.S.2d 738 (4thDept 2009)
The firm succeeded in dismissing the action on summary judgment by proving the Village was not the proximate cause of the infant being struck … - Brust v. Town of Caroga
287 A.D.2d 923,731 N.Y.S.2d 542 (3rd Dept 2001)
The firm successfully defended the Town of Caroga by obtaining summary judgment on motion. The Town is the owner of a golf course. … - Inn at Hunter, Inc. v. Village of Hunter
35 A.D.3d 1072, 827 N.Y.S.2d 714 (3rd Dept 2006)
In this Article 78 proceeding, the firm successfully proved that the Village of Hunter’s determination to deny Petitioner’s water and sewer tap … - Holy Temple First Church of God In Christ v. City of Hudson
17 A.D.3d 947,794 N.Y.S.2d 465 (3d Dept 2005)
The firm successfully defended the City of Hudson at trial, obtaining a directed verdict on motion at the close of plaintiff’s case. The … - Krzykowski v. Town of Coeymans
2008 WL 5113784 (N.D.N.Y.)
In this “high speed” motorcycle pursuit action, the firm obtained summary judgment in favor of the Town of Coeymans and police officer Muller, dismissing plaintiff’s 14th Amendment … - back up ↑
- Municipal Defense – Law Enforcement
- Wallace v. Montgomery County
6-08-cv-1322 (N.D.N.Y.)
Judgment after trial entered in favor of Sheriff deputies accused of false arrest, malicious prosecution, and use of unreasonable force. - Hanrahan v. Menon
2011 WL 1213171 (N.D.N.Y.)
Summary Judgment granted to County of Herkimer and several county employees on former jail inmate’s claim that jail officials were deliberately indifferent to his serious medical needs … - Bourgeois v. Pelkey
2011 WL 1135927 (N.D.N.Y.)
Plaintiff filed this federal lawsuit against two City of Plattsburgh police officers asserting claims of false arrest, malicious prosecution and excessive force in violation of his constitutional … - Kilburn v. Village of Saranac Lake
413 Fed.Appx. 362 (2nd Cir.)
US Court of Appeals affirms District Court decision granting Summary Judgment to Village of Saranac Lake and individual police officers dismissing plaintiff’s claims for false arrest, … - Flagler v. Trainor
2010 WL 3724015 (N.D.N.Y.)
Plaintiff, victim of domestic violence, arrested on Material Witness Warrant sought by Assistant District Attorney during pendency of criminal prosecution against her alleged assailant. Plaintiff sued ADA … - Melendez v. Moon
2010 WL 2402552 (N.D.N.Y.)
Judgment after trial entered in favor of City of Hudson police officers accused of using excessive force during plaintiff’s DWI arrest and failing to provide him with … - Dedrick v. Sheriff of Columbia County
2010 WL 1423102 (N.D.N.Y.)
Plaintiff sued members of the Sheriff’s Department for false arrest and Town Judge for negligently issuing a Bench Warrant in violation of plaintiffs constitutional rights and state … - Downs v. Town of Guilderland
897 N.Y.S 2d 264 (N.Y.A.D.3 Dept.)
Plaintiff brought action against town, town police officer, and shopping mall owner alleging claims for false arrest, violations of equal protection clause and free speech … - Amaker v. Clinton County
2008 WL 5157442 (N.D.N.Y.)
Plaintiff arrested and charged with felony contraband after being found in possession of handcuff key while attempting to visit an inmate at a state prison. Subsequent prosecution … - Diodati v. City of Little Falls
6:04cv00446 (N.D.N.Y.)
Judgment after jury trial entered in favor of City of Little Falls police officers on plaintiff’s claims for false arrest, false imprisonment and battery. - Ellsworth v. City of Gloversville
703 N.Y.S. 2d 294 (N.Y.A.D. 3 Dept.)
Appellate Division affirmed Trial Court decision granting Summary Judgment to city holding that arrest of plaintiff pursuant to warrant was privileged even though criminal … - back up ↑
- Land Use & Zoning
- Site Acquisitions, Inc. v. Town of New Scotland
2 A.D.3d 1135 (3rd Dept. 2003)
The Firm successfully defended Town of New Scotland’s Zoning Board of Appeals’ denial of Use and Area variances required for the construction of a new … - Rabadi v. Zoning Board of Appeals of the Town of Guilderland
The Firm successfully defended the Town of Guilderland against a claim by a property owner that the Town’s zoning was invalid and unconstitutional. The court found that the Town’s zoning …
- DiBella v. Martz
58 A.D.3d 935 (3rd Dept. 2009)
On appeal, the Firm obtained reversal of an order holding a property owner in contempt under Judiciary Law §753 due to an alleged violation of … - Poenessa v. C & L Builder/Developer, Inc.
50 A.D.2d 1334 (3rd Dept. 2008)
The Firm successfully argued in both State Supreme Court and the Appellate Division that a claim for foundation work performed at a residential subdivision was … - Capitol Real Estate, Inc. v. Town Board of Town of Charlton
23 A.D.3d 858 (3rd Dept. 2005)
The Firm successfully represented a residential subdivision developer who required municipal water of an approved subdivision. The Firm successfully obtained a reversal of the Town … - back up ↑
- Business & Commercial Law
- Viscio v. Town of Wright
42 A.D.3d 728 (3rd Dept. 2007)
The Firm successfully represented the owner of a private airfield who challenged the approval of a minor residential subdivision because it failed to contain adequate … - In re dissolution of Carrabasset Square Mgmt. Corp
No. 512146 (3rd Dept. Dec. 15. 2011)
The Firm successfully defended a shareholder who was seeking the dissolution of the restaurant corporation. The Appellate Division held that dissolution was the only feasible … - Allshouse v. Settlement Funding
This action concerned an attempt to enforce an agreement under which annuity payments for injuries suffered as an infant were transferred, at a deep discount, to an investor. The Firm successfully …
- Schenectady Industrial Corporation v. Upstate Textile Inc
06-CV-1493
The Firm successfully defended an action by a property owner against the bank for environmental damage allegedly caused during the time that the bank took control of the property under … - back up ↑
- Personal Injury & Wrongful Death
- Sorry... no Case Studies posted for Personal Injury & Wrongful Death at this time.
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- Wills, Trusts & Estates
- In re Estate of Friedman
26 A.D.3d 723 (3rd Dept. 2006)
The Firm successfully defended the Executrix of an estate by obtaining dismissal of objections to the probating of decedent’s Will, including undue influence, fraud, and … - Aiello v. Manufacturers Life Insurance Co. of New York
298 A.D.2d 662 (3rd Dept. 2002)
The Firm successfully defended an Estate against a claim to reform an annuity insurance contract’s designation of the beneficiary. In granting summary judgment, the court held … - back up ↑
- Election Law
- Pope v. County of Albany
No. 11-CV-736 (N.D.N.Y.)
The Firm assisted in representing the County of Albany and the Board of Elections in successfully opposing a preliminary injunction which would have barred the election of the … - Ricard v. Redlich
43 A.D.3d 1203 (3rd Dept. 2007)
On appeal, the Firm successfully obtained a reversal of the lower court decision and obtained a judgment invalidating a certificate of substitution naming a candidate …