Representative Cases

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]

Civil Rights

  • Obtained dismissal of alleged civil rights claim against witnesses who testified for the prosecution in criminal case where defendant was acquitted. McDonough v. Smith, 2016 U.S.Dist. LEXIS 135380 (NDNY 2016). [Phillip G. Steck]
  • Hearing ordered concerning whether District Attorney falsified documents. Matter of Czajka v Dellehunt, 125 A.D.3d 1177 (3rd Dep't 2015). [David C. Rowley]
  • Obtained dismissal of civil rights action against witness in State criminal proceeding. McDonough v. Smith, 2016 U.S. Dist.LEXIS 135380 (NDNY 2016) [Phillip G. Steck, Brett D. French ]
  • Successfully defended against motion to dismiss in federal civil rights action for violation of right to due process of law. Mudge v. Zugalla, 2014 U.S. Dist. LEXIS 74617 (NDNY 2014) – [Phillip G. Steck]
  • Successful appeal of decision denying dismissal of civil service claim by former school district employee whose job was transferred to BOCES. Matter of Thornton v. Saugerties Cent. Sch. Dist., 121 A.D.3d 1253 (3rd Dept. 2014) – [Phillip G. Steck, Carlo A. C. de Oliveira]
  • Obtained preliminary injunction against municipality in a lawsuit alleging violations of the Americans with Disabilities Act and the Fair Housing Act in which municipality was ordered to approve zoning application for facility serving individuals with mental illness. Step by Step, Inc. v. City of Ogdensburg, 7:15-CV-925 (N.D.N.Y. April 5, 2016) (Decision). [Carlo A. C. de Oliveira].
  • Obtained judgment against City of Albany for taking client's vehicle without due process of law in violation of the Fourteenth Amendment to the United States Constitution. Hines v. City of Albany, 2011 U.S. Dist. LEXIS 68548 (N.D.N.Y 2011). [Phillip G. Steck]
  • Jury determination that whistleblower's speech was protected activity under the First Amendment and that her speech was a substantial factor in the termination of her employment. [Phillip G. Steck]
  • Cooper Erving & Savage LLP Helps Former Athletic Director to Settle First Amendment Lawsuit Against Averill Park School District for $567,500 (Northern District NY 2006). [Phillip G. Steck] (Decision)
  • Obtained judgment against School District for retaliating against employee for her speech on the school budget (Northern District NY 2007). [Phillip G. Steck] (Press Release)
  • Obtained summary judgment in federal court in favor of employee based on constitutional claim involving deprivation of procedural due process rights (Northern District NY 2008). [Phillip G. Steck]

Labor And Employment

  • Reversed decision of District Court in NDNY and granted attorneys’ fees award to successful plaintiff. Hines v. City of Albany, 862 F.3d 215 (2nd Cir. 2017). [Phillip G. Steck]
  • In class action for violation of overtime provisions of the Fair Labor Standards Act, class conditionally certified. Boice v. M&W U.S. , Inc., 2016 U.S. Dist. LEXIS 132071 (NDNY 2016). [Carlo A.C. de Oliveira]
  • Successful appeal in which Merit Systems Protection Board found Navy violated employee’s FMLA rights, reinstated him, awarded back pay, and ordered a further hearing on his request for attorneys’ fees, which was ultimately granted. Kone v. Department of the Navy, MSPB, PH-0752-13-0217-I-3, PH-0752-13-0413-I-2(2015).
  • Obtained summary judgment in favor of a school teacher and against her employer for interfering with her Family and Medical Leave rights when it failed to give her notice that her seniority would be affected by the time she spent on unpaid FMLA leave. deOliveira v. Cairo Durham Central School District, Case No. 1:11-cv-0393 (N.D.N.Y., March 30, 2017).
  • Obtained injunction under FMLA to stop disciplinary proceeding against teacher. Stagliano v. Herkimer Cent. Sch. Dist., 151 F. Supp. 3d 264 (NDNY 2015) [Phillip G. Steck]
  • Successfully represented veteran in disciplinary action based on absences protected under the Family and Medical Leave Act (2014). [Carlo A.C. de Oliveira]
  • Successfully represented nurse in action filed against her employer alleging that her employment termination violated her rights under the Family and Medical Leave Act. Butler v. Rome Ctr., LLC, 2015 U.S. Dist. LEXIS 137259 (N.D.N.Y Oct. 8, 2015). [Carlo A.C. de Oliveira]
  • Successfully represented employee in breach of contract and retaliation action against employer in the City Court of Mechanicville, New York. [Carlo A.C. de Oliveira]
  • Successfully prosecuted case for teacher's aide fired for union activity. Bennett v. Lucier, 2010 U.S. Dist LEXIS 130308 (N.D.N.Y. 2010). [Phillip G. Steck]
  • Unsuccessful appeal of claim for unpaid wages against shareholders of Delaware corporation. The decision was subsequently reversed by the New York State Legislature which amended law to make clear that shareholders of a foreign corporation were liable. Stuto v. Kerber, 18 N.Y.3d 909 (2012) – [Phillip G. Steck]
  • Successfully defended against application for injunctive relief against salesperson in non-compete context. Barton Mines Co., L.L.C. v. Miller, 2014 U.S. Dist. LEXIS 125611 (NDNY 2014) – [Phillip G. Steck]
  • Successful appeal in the United States Court of Appeals for the Second Circuit in FMLA claim by teacher. De Oliveira v. Cairo-Durham Cent. Sch. Dist., 634 Fed. Appx. 320 (2nd Cir. 2016) – [Phillip G. Steck, Carlo A.C. de Oliveira]

Personal Injury

  • Achieved favorable settlement for a man suffering from a crush injury. [Terrance P. Christenson]
  • Achieved favorable settlement for an Albany man injured when he fell from a raised stage during a reception. (Albany County Supreme Court 2013) [David C. Rowley]
  • Achieved favorable settlement for Otsego County man who was injured after falling out of, and being struck and injured by, a pickup truck. (Chenango County Supreme Court 2012). [Terrance P. Christenson]
  • Achieved $1.1 Million settlement for worker who sustained injuries after falling from a roof during the construction of a home in Queensbury, New York. (Albany County Supreme Court 2011). [David C. Rowley]

Tax Certiorari

  • Successfully defended a Town in a tax assessment proceeding challenging the assessment of a hydro-electric plant. The case was settled for a small reduction in assessment going forward, but without any refunds. [David C. Rowley]
  • Obtained 46% reduction of assessment for multi-million dollar commercial property in the City of Albany (Albany County Supreme Court 2011). [David C. Rowley]
  • Obtained 28% reduction of assessment for multi-million dollar commercial property in the City of Albany (Albany County Supreme Court 2011). [David C. Rowley]

Municipal Law

  • Obtained reversal of trial court's decision affirming Zoning Board of Appeals' determination to order kennel business closed as rational and reasonable. Appellate Division held that record did not support denial of special use permit and that Zoning Board improperly bowed to the objections of neighbors. Matter of Blanchfield v. Hoosick, 2017 N.Y. Slip Op. 03097 (3d Dept, April 20, 2017) (http://nycourts.gov/reporter/3dseries/2017/2017_03097.htm)
  • Successfully defeated motion to dismiss and obtained preliminary injunction pending a hearing and determination of Article 78 proceeding to review a determination of Town Zoning Board ordering client's commercial dog kennel closed. In the Matter of Karen Blanchfield v. Town of Hoosick et al., Index No. 251876 (N.Y. Sup. Ct., Jan. 28, 2016). [Carlo A.C. de Oliveira]

Land Disputes

  • Obtained preliminary injunction in favor of real property owner against neighbor trespassing onto property owner's property. Garuc v. Henderson et al., Index No. 15-0865 (N.Y. Sup. Ct., Dec. 18, 2015). [Carlo A.C. de Oliveira]

Wills, Trusts, and Estates

  • Dismissal of action warranted because plaintiff failed to provide access to the premises to his siblings. Jenkins v Jenkins, 145 A.D.3d 1231 (3rd Dep't 2016). [Susan C. Picotte]
  • Uphedld decedent’s decision as to how his property would be distributed, rejecting claims of undue influence. Matter of Jacobs, 93 A.D.3d 917 (3rd Dep't 2012). [Dennis W. Habel]