Firm obtains reversal of a conviction and dismissal of the indictment in a felony case. The Appellate Division ruled that the police had overstepped their bounds when they chased and tackled Mr. Cady without reasonable suspicion. The firm worked on behalf of the...
Jones v. Rochester Institute of Technology, et al., 2013 U.S. Dist. LEXIS 106476 (W.D.N.Y., July 30, 2013 [Telesca, J.])
The firm successfully moved to dismiss claims, asserted against a supervisor under Title VII and the New York State Human Rights Law, which alleged race and gender discrimination based on retaliation and the existence of a hostile work environment.
Legacy at Fairways, LLC, et al. v. The Planning Board of the Town of Victor, 112 AD3d 1289 (4th Dep’t 2013)
The firm obtained a reversal of a judgment granting the relief sought in the Article 78 Petition. The Petition challenged the Town of Victor Planning Board's authority to impose a recreation fee on a developer. The Court ruled that the lower court erred in concluding...
The firm successfully defends appeal and obtains affirmance of Order directing the release of partnership funds to the client, and holding that the perfected security interest of the client took precedence over an attorney's charging lien on the same funds.
Matter of Geneva General Hospital v. Assessor of Town of Geneva, et al., 108 AD3d 1043 (4th Dep’t 2013)
The firm successfully defends appeal and obtains affirmance of lower court's dismissal of a Petition pursuant to RPTL article 7 and CPLR article 78 challenging the Town's denial of a real property tax exemption.
The firm successfully obtained affirmance of the lower court's dismissal of Zurich’s counterclaims seeking payment from Hahn for time-barred debts totaling nearly $2 million. The Court of Appeals agreed with Hahn's position that Zurich's breach of contract claims...
EEOC v. Nichols Gas & Oil and Townsend Oil, 256 F.R.D. 114, 2009 WL 603195 (W.D.N.Y. 2009) (Payson, J.).
The EEOC commenced this lawsuit on behalf of claimants alleging that employer and purported successor had subjected female employees to conduct in violation of Title VII. Defending the alleged successor employer, the firm successfully moved to obtain disclosure of...
The firm successfully obtained reversal of the trial court's dismissal of the complaint in this breach of contract claim involving two government entities related to inter-municipal sewer services.
HSBC Bank USA v. Bond, Schoeneck & King, PLLC et al., 16 Misc.3d 813, 838 N.Y.S.2d 419 (Erie Co. S. Ct. 2007) (Curran, J.), modified, 55 A.D.3d 1426, 866 N.Y.S.2d 469 (4th Dep’t 2008).
The firm successfully represented a law firm defendant and obtained a dismissal of various ERISA, malpractice and indemnification/contribution claims brought by controlling shareholders who sold their stock in their corporation's employee stock option plan (ESOP).
Nixon Peabody LLP v. de Senilhes, Valsamdidis, Amsallem, Jonath, Flaicher Associés, 20 Misc.3d 1145(a), 873 N.Y.S.2d 235 (Monroe Co. Sup. Ct. 2008) (Fisher, J.).
In this dispute between two law firms, the firm successfully obtained summary judgment on behalf of the plaintiff with the Court holding that the non-solicitation agreement entered into by the parties was unenforceable under New York law as it was against public...