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Representative Matters

Federal Court

Blyden v. Mancusi, 186 F.3d 252 (2d Cir. 1999). Obtained reversal of liability and damages verdicts in complex, decades-long class action brought for alleged violation of prisoners' civil rights during the retaking of Attica prison in the aftermath of the 1971 riot.

Lugosch v. Congel, 2001 WL 1217213, 1:00-CV-0784, (N.D.N.Y. Aug. 30, 2001). Obtained dismissal of professional malpractice claim in complex civil conspiracy action.

LTV Steel Co., Inc. v. City of Buffalo, ___ F. Supp.2d ___, 2002 WL 484950 (S.D.N.Y. May 9, 2002) (In re Chateaugay Corp.). On behalf of defendant municipality, secured order withdrawing reference to Bankruptcy Court and transferring the parties' Superfund liability dispute to the federal district in which defendant City is situated.

Memorial Drive Consultants, Inc. v. ONY, Inc., 1999 WL 354491 (W.D.N.Y. 1999) and 2001 WL 241781 (W.D.N.Y. 2001). Obtained summary judgment dismissing lost profits claim and prevailed at later trial on quantum meruit claim.

Diversified Products, Inc. v. Tops Markets, Inc.,2001 WL 640697, 45 UCC Rep. Serv.2d 101 (W.D.N.Y. 2001). Representation of plaintiff in commercial action for breach of contract and breach of the implied covenant of good faith and fair dealing.

Resolution Trust Corporation v. Mass. Mutual Life Ins. Co., 93 F.Supp.2d 300 (W.D.N.Y.2000). Defense of actuarial malpractice claim in sophisticated FDIC action.

Quigley v. Austeel Lemont Company, Inc., 79 F.Supp.2d 941 (N.D.Ill. 2000). Obtained summary judgment for defendant in action for disability discrimination and breach of contract.

Phillips v. Merchants Group Inc., 1995 U.S. Dist. LEXIS 19064 (N.D.N.Y. 1995), aff'd as modified, 1996 U.S. App. LEXIS 23210 (2d Cir. 1996) (reported in table format at 104 F.3d 349); 990 F. Supp. 99 (N.D.N.Y. 1998) and 3 F.Supp.2d 204 (N.D.N.Y. 1998), app. dism., 173 F.3d 845 (2d Cir. 1999). Summary judgment granted to employer in age and gender discrimination action.

In re Valerino Construction, Inc., 250 B.R. 39 (Bankr. W.D.N.Y. 2000). Secured dismissal of Chapter 7 trustee's adversary proceeding against creditor.

In re Freudenheim, 189 B.R. 279 (Bankr. W.D.N.Y. 1995). Secured ruling in favor of secured lender as to proper valuation method of secured claim.

Prozeralik v. Capital Cities Communications, 82 N.Y.2d 466, 605 N.Y.S.2d 218 (Ct. App. 1993). Obtained reversal of multimillion dollar jury verdict against defendant radio and television station in an action brought for defamation of purported public figure.

Matter of Buffalo News, Inc. v. Buffalo Enterprise Development Corporation, 84 N.Y.2d 488, 619 N.Y.S.2d 695 (Ct. App. 1994). Representation of plaintiff in Article 78 proceeding to compel disclosure of agency documents under the Freedom of Information Law.

Kenford Co. v. County of Erie, 73 N.Y.2d 312, 540 N.Y.S.2d 1 (Ct. App. 1989). Obtained reversal of multimillion dollar verdict for loss of anticipated profits damages in an eighteen-year long breach of contract dispute involving aborted domed stadium project.

Austro v. Niagara Mohawk Power Corp., 66 N.Y.2d 674, 496 N.Y.S.2d 410 (Ct. App. 1985). Successful representation of third-party plaintiff in an action for indemnification.

Village of Hamburg v. American Ref-Fuel Company of Niagara, L.P., 284 A.D.2d 85, 727 N.Y.S.2d 843 (4th Dept. 2001), motion for leave to appeal denied, 97 N.Y.2d 603, 760 N.E.2d 1288 (2001). On behalf of defendant waste disposal company, obtained summary judgment declaring long term municipal waste disposal contracts valid and enforceable.

Matter of T.R.L. v. Worker's Comp. Bd., 269 A.D.2d 714, 703 N.Y.S.2d 567 (3d Dept. 2000). Representation of out-of-state common carrier in worker's compensation insurance coverage litigation obtaining reversal of decision and civil penalty on due process grounds.

Alumax Aluminum v. Norstar, 168 A.D.2d 163, 572 N.Y.S.2d 133 (4th Dept. 1991). Obtained reversal of summary judgment against defendant bank in action brought for conversion under the Uniform Commercial Code.

Van Iderstine v. Lane Pipe, 89 A.D.2d 459, 455 N.Y.S.2d 450 (4th Dept. 1982). Obtained dismissal of claims against County in an action brought under strict products liability and breach of warranty.