BUSINESS DISPUTES

Commercial And Defense Litigation

• Successful defense of challenge by business to its tax assessment. Matter of Kohl’s Ill. Inc. #691 v Board of Assessors of the Town of Clifton Park, 123 A.D.3d 1315 (3d Dep’t 2014). [David C. Rowley]
• Court decision affirming arbitration award for subcontractor in construction dispute Matter of David Frueh Contr., LLC (BCI Constr., Inc.), 129 A.D.3d 1285 (3rd Dept. 2015) – . [Phillip G. Steck]
• Successfully defended proceeding pursuant to Lien Law §201-a seeking to declare mechanic’s lien invalid. Hyundai Motor Finance v. Fields Towing LLC et al., Index No. 4835-15 (N.Y. Sup. Ct., February 17, 2016). [Carlo A.C. de Oliveira]
• Successfully defended lawsuit filed against New York resident in the United States District Court for the Middle District of Florida alleging breach of non-compete clause. Advantus, Corp. v. Allen, 2015 U.S. Dist. LEXIS 94001 (M.D. Fla. July 20, 2015) [Carlo A.C. de Oliveira]
• Obtained dismissal of action filed in New York against Indiana based manufacturer of Recreational Vehicles on lack of jurisdiction and forum nonconveniens grounds. State Farm Mutual Automobile Ins., et al. v. Heartland Recreational Vehicles, Index No. 2014-2428, (N.Y. Sup. Ct., April 1, 2015) [Carlo A.C. de Oliveira]
• Trial judgment against architect in construction dispute with homeowner. (N.D.N.Y. 2013) [Phillip G. Steck]
• Successfully defended former stockowner against non-compete claim by corporation. [Phillip G. Steck]
• Obtained complete dismissal of an Article 78 proceeding brought by County District Attorney against a Justice of a Town and Village Court which alleged a refusal to disclose the electronic recordings of court proceedings. (Columbia County Supreme Court 2013). [David C. Rowley]
• Successfully obtained an Order vacating a six (6) year old default judgment which served to eliminate client’s access to Saratoga Lake, and permitting successor in interest to intervene in continuing litigation. [Kelly L. Malloy]
• Obtained complete discontinuance of trespass and nuisance claims made against a Clifton Park landowner involving water draining onto adjoining property. (Saratoga County Supreme Court 2011). [David C. Rowley]
• Trial judgment for client accused of fraudulent transfers in bankruptcy proceeding. Bruno Mach. Corp. v. Troy Die Cutting Co., 435 B.R. 819 (N.D.N.Y. 2010). [Phillip G. Steck, Michael A. Kornstein]
• Successfully defended appeal of Bronx County Supreme Court dismissal to the Appellate Division in a case involving failure to adhere to contractual provisions for the manufacturing of sausage (Appellate Division First Department 2010). [David C. Rowley]
• Reached favorable settlement on behalf of business and owner in case involving contractual dispute over heavy equipment rental (Albany County Supreme Court 2010). [David C. Rowley]
• Granted dismissal of action seeking $7 Million for breach of contract and loss of past and future profits (Bronx County Supreme Court 2009). [David C. Rowley]