Litigation is an adversarial process of resolving disputes, whether through negotiations or legal proceedings in a court or before an administrative board. The trial lawyers in the firm’s litigation department represent businesses, municipalities, not-for-profit entities, and individuals before state and federal trial and appellate courts, and state and federal administrative boards and agencies throughout New York State. The firm’s litigators are experienced in all aspects of civil litigation.
Resolve it with us. In confidence.
Our litigators have successfully handled litigation across a broad spectrum of subject matters, including the following:
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- Arbitration and Mediation
Our firm’s litigators have successfully represented clients in various alternative dispute resolution proceedings, including private and court-mandated arbitration and mediation. Our litigators have also served as impartial arbitrators and mediators, and one of our litigators is a retired Supreme Court Justice who serves as a panelist for several commercial arbitration providers.
- Article 78 Proceedings
These special proceedings under Article 78 of the New York Civil Practice Law and Rules permit a court to review decisions of various governmental boards and officials. Our litigators have successfully represented petitioners and respondents in such proceedings, including towns, planning boards, zoning boards of appeals, developers and other businesses and individuals aggrieved by governmental actions.
The firm has handled a variety of cases on behalf of banks ranging from the enforcement of the “home office” protection provisions of New York’s branching rules to the defense of claims involving fraudulent endorsements.
- Civil Rights and Discrimination
Our litigators are experienced representing both plaintiffs and defendants in federal and state actions involving civil rights violations under the United States Constitution, and under applicable state and federal anti-discrimination laws.
New York State is at the forefront of the development of commercial law. The firm’s litigators regularly appear before the Commercial Division of the New York State Supreme Court which has jurisdiction over complex commercial cases. Our litigators have handled numerous cases involving breach of contract, breach of fiduciary duty, fraud, misrepresentation, and business torts such as unfair competition and the theft of trade secrets. The firm’s litigators have also handled cases involving statutory and other common law violations where the breach or violation is alleged to arise out of business dealings such as asset purchase agreements, shareholder agreements, partnership agreements, restrictive covenants and non-compete agreements.
Disputes between owners, contractors, subcontractors and suppliers can result in litigation or arbitration over who owes what to whom, or who did not perform their responsibilities in a particular project. Several of our litigators have successfully represented our clients in complex and protracted matters of this type.
- Employment-Related Claims
Our litigators have successfully represented both employers and employees in state and federal court and before various state and federal agencies, including the United States Equal Employment Opportunity Commission (the "EEOC"), the New York State Division of Human Rights, and the New York State Department of Labor. The firm’s lawyers have successfully handled claims involving wrongful termination and discrimination under state and federal fair employment laws, the Family and Medical Leave Act, and other laws.
- Estate Matters
How property is distributed upon death should be a straightforward matter based on a will, trust, or the laws of interstate succession in New York. Sometimes, however, questions are raised concerning the circumstances under which a last will and testament was written, leading to a Surrogate’s Court challenge to the will on grounds of incapacity, duress or undue influence. We have represented concerned and distraught family members in these difficult proceedings.
- Health Care
The costs of health care, and the difficulties presented by a complex regulatory environment governed by overlapping state and federal laws has lead to increasing friction and disputes between and among health providers, and with insurers and regulatory agencies. A substantial portion of the firm’s litigation work now involves the representation of physicians, nurses, nursing homes, allied health providers, and physician practice associations in litigation to resolve these issues.
- Landlord/Tenant Disputes
The firm typically handles evictions for residential and commercial landlords, and has also represented major commercial tenants forced to resolve these disputes in court.
- Personal Injury And Property Damage
Since its inception in 1979, McConville, Considine, Cooman & Morin has represented clients seriously injured by the negligence or intentional misconduct of others. Our compassionate and personal representation of our clients sets us apart from other personal injury firms which often have volume-based, impersonal practices. Our smaller case volume allows us to provide individual attention to each client.
For more information regarding the firm’s Personal Injury practice, please visit www.rochesterpersonalinjurylaw.com
- Professional Misconduct And Discipline
We represent physicians, nurses and other health care providers and institutions that are facing investigations, discipline or sanctions before the New York State Department of Health, the Centers for Medicare and Medicaid Services, the New York State Attorney General, the United States Department of Justice, the New York State Office of Professional Medical Conduct and the New York State Education Department (Office of Professional Discipline).
- Products Liability
Defective products can cause injuries which change a person’s abilities for a lifetime. The firm has represented many individuals seeking appropriate compensation from the manufacturers and distributors of such products.
- Real Estate And Land Use
The firm has represented individuals, developers, and municipalities in a wide variety of litigation involving residential and commercial real estate and land use matters. Our lawyers have also successfully represented both plaintiffs and defendants in actions seeking specific performance of contracts to purchase real estate.
- Tax Assessment Review And Condemnation.
The proper valuation of real estate for tax purposes has become increasingly important for municipalities and property owners pressed by budget concerns. The firm represents several towns on an ongoing basis to handle challenges by taxpayers to their assessments. We also represent business taxpayers who need to contest their property assessments in other towns.
A Note About Referrals
Often an attorney or another firm is unable to represent a client in a particular litigation matter. This may be due to a conflict of interest, or because an attorney or firm does not have a litigation practice.
The attorneys in our litigation department welcome referrals from other attorneys, and, when the referral is not due to a conflict, we endeavor to keep referring counsel as informed and involved in the litigation matter as they and the client desire. We understand that the client may have a long-standing relationship with the referring attorney, and it is important that the referring attorney remains part of the team of advisors that may be assisting the client throughout the litigation, and beyond.
Refer to us. In confidence.