Kevin S. Cooman
The firm's litigation department has represented clients in hundreds of civil actions. Many involve essentially "private" disputes between the parties. Others have had significant broader public impact and have resulted in appellate decisions which shape the development of the law. The following cases, with publicly reported written decisions, are a representative sample.
Burke v. Women Gynecology & Childbirth Associates, P.C., 195 A.D.3d 1393 (4th Dep’t 2021) (trial verdict for medical group sustained in breach of contract suit by disgruntled former physician shareholder.)
Matter of Estate of Foster, 2019 WL 1984183 (Surr. Ct. Monroe County 2019) (estate creditor’s claim based on life insurance policy assignment dismissed on summary judgment as barred by the statute of limitations).
Council of Churches Housing Development Fund Co., Inc. v. Arlington Housing Corp., 2019 WL 1970517 (W.D.N.Y. 2019) (successfully opposed motion for preliminary injunction in dispute over the direction and control of a limited partnership that was formed to own and operate a real estate investment).
Financial Federal Credit, Inc. v. Ramar Crane Services, LLC, 21 F. Supp. 3d 264 (W.D.N.Y. 2015); aff’d, 604 Fed. Appx. 38 (2d Cir. 2015) (successfully defeated lender’s alleged Article 9 security interest for a good faith purchaser of construction equipment on summary judgment).
Lenel Systems International, Inc. v. Smith, 106 A.D.3d 1536 (4th Dep’t 2013) (defeated non-compete provisions contained in stock option agreement that lacked a forfeiture clause).
Ellison Heights Homeowners Ass’n, Inc. v. Ellison Heights LLC, 112 A.D.3d 1302 (4th Dep’t 2013) (holding that town was not necessary party to HOA’s RPAPL Article 15 claim against developer of adjoining parcel).
Beechwood Restorative Care Center v. Leeds, 436 F.3d 147 (2d Cir. 2006) (First Amendment civil rights retaliation claim by skilled nursing facility owners against New York State Department of Health officials was remanded for trial, reversing summary judgment).
Beechwood Restorative Care Center v. Signor, 5 N.Y.3d 435 (2005) (action against the New York State Department of Health for attorney’s fees under the Freedom of Information Law. Case outcome immediately prompted New York State Legislature to amend the statute to conform to plaintiff’s asserted position in the litigation. New York Laws of 2006, chap. 492, amending Public Officers Law § 89(4)(c)).
Estate of Hayes v. Ontario Plastics Inc., 775 N.Y.S.2d 682 (4th Dep't 2004) (Upward modification of attorneys' fees awarded under provision of a promissory note, and entitlement to award of attorneys' fees incurred on appeal and related Article 78 proceeding).
Chambery v. United States, 54 Fed. Cl. 2 (2002) (defeated summary judgment against Department of Housing and Urban Development in suit by former nursing home operator alleging breach of a regulatory agreement).
Boyce-Canandaigua, Inc. v. Brown, 289 A.D.2d 971 (4th Dep't 2001), reargument granted, 294 A.D.2d 960 (4th Dep't 2002) (modification of tax assessment review proceeding outcome after trial, involving multiple commercial properties in Canandaigua, New York).
Brewer v. West Irondequoit Central School District, 212 F.3d 738 (2d Cir. 2000) (successful defense of one of the nation’s oldest voluntary inter-district school desegregation programs against a reverse-discrimination equal protection challenge).
Bartoo v. Buell, 87 N.Y.2d 362 (1996) (clarification of homeowner exemption from Labor Law §240 liability).
Podhorecki v. Lauer's Furniture Stores, Inc., 184 A.D.2d 1066, 585 N.Y.S.2d 268 (1992); 201 A.D.2d 947, 607 N.Y.S.2d 918 (1994) (attorney's fee rights and calculation in consumer litigation).
Scarminach v. Goldwell GmbH, 140 Misc.2d 103, 531 N.Y.S.2d 188 (Sup. Ct. Mon. Co. 1988) (nonexclusivity of Hague Convention procedures in state court discovery proceeding).
Anders v. Segall, 124 A.D.2d 1029 (4th Dep't 1986) (inadequate jury verdict increased for victim of motorcycle crash).
Independent Bankers Association of New York State, Inc. v. Marine Midland Bank, N.A., 575 F. Supp.1425 (W.D.N.Y. 1983); 583 F.Supp. 1042 (W.D.N.Y. 1984); rev'd, 757 F.2d 453 (2d Cir. 1985), cert. denied, 106 S.Ct. 2926 (1986) (legal status of automated teller machines utilized but not owned by national banks).
Estate of Wheaton v. Metropolitan Life Insurance Co., 119 Misc.2d 615, 463 N.Y.S.2d 727 (Sup. Ct. Mon. Co. 1983) (fraud allegations re: sale of annuity contract sustained).
Silver v. Rochester Savings Bank, 73 A.D.2d 81 (4th Dep't 1980); 48 U.S.L.W. 2615 (1980) (first New York case establishing unenforceability of a due-on-sale clause in a real estate mortgage).