Litigation Attorneys

Our creditor rights and bankruptcy attorneys represent both creditors and debtors in litigation.  Always cognizant of the need for efficiency in our efforts to resolve disputes and accomplish business goals, we combine outstanding work product and pragmatic strategies, often using alternate fee arrangements, to achieve superior results quickly.  The breadth of our experience enables us to assist clients in all manner of forums, all across New York.

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 trial lawyers 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 litigation attorneys 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.

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.  Surrogate’s Court is also the forum in which we have litigated claims regarding breaches of fiduciary duty by estate executors or administrators, or by trustees and agents under Powers of Attorney.

Link to specific section: Wills, Trust and Estate Disputes

The costs of healthcare, and the difficulties presented by a complex regulatory environment governed by overlapping state and federal laws, has caused 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.

Link to specific section: Health Care Providers

Our firm serves as counsel to planning and zoning boards on an ongoing basis and as special litigation counsel.  From time to time, we have been called upon to defend those boards when their decisions are challenged in an action seeking judicial review.  We also represent individuals and developers in a wide variety of litigation involving land use and zoning matters.

Link to specific section: Zoning, Land Use and Development

Our trial lawyers represent employers 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.

We advise clients who have been seriously injured by the negligence or intentional misconduct of others. Our team handles only those cases where legitimate, significant harm has been sustained: we set wrongs right. Our compassionate approach sets us apart from other firms, which often have high-volume, impersonal practices reliant on mass media advertising.  We don't spend our resources on billboards; we spend them on you. Our smaller caseload allows us to provide more individual attention to clients, enhancing the likelihood of securing a recovery commensurate with your injury.

We have created a separate website, detailing our firm's personal injury practice, and we invite you to visit www.rochesterpersonalinjurylaw.com to discover how we can assist you. 

We defend municipalities in proceedings under Article 7 of the Real Property Tax Law both on an ongoing basis, and as special litigation counsel. We have handled numerous tax certiorari proceedings in all phases of litigation, from discovery to trial and appeal.

Link to specific section: Municipal and Local Government

Our employment attorneys can assist you in drafting the clear, enforceable policies and agreements that you may need to protect your business assets and to minimize the risk of your organization being involved in litigation with a present or former employee. Should litigation become unavoidable, we have successfully represented businesses seeking to enforce non-compete agreements.  We have also represented numerous individuals and their new employers being accused of violating overbroad and unenforceable non-compete agreements.

MCCM attorneys advise and defend professionals in the protection of their licenses when facing complaints, investigations or other licensing issues.  There are numerous state licensing boards, each with their own specific regulations.  Our lawyers are well-versed in this complex and specialized area of administrative law.   We can assist with application appeals, defense of disciplinary proceedings and petitions for reinstatement.

MCCM welcomes referrals from other attorneys, both locally and outside of Rochester.   Based on their many years of experience,  our attorneys have developed great familiarity with the local court system, its judges, and particular rules and practices. Referring counsel should feel confident in knowing our litigators have built relationships and respect in our state and federal trial and appellate courts. 

When a referral is not due to a conflict, we endeavor to keep referring counsel as involved as they and the client desire.  We understand that the client may have a long relationship with the referring attorney, and the importance of the referring attorney remaining part of the client’s team.

Representative matters include:

• Breach of contract and commercial claims arising out of any agreements or relationships
• Pre-suit discovery to aid in bringing actions and to preserve evidence
• Transcription and enforcement of foreign (state) judgements against New York based judgement debtors
• Personal Injury Litigation
• Employment disputes, including defense of New York State Division of Human Rights claims
• Estate Dispute Litigation