Moran v. Erk — In 2008, I litigated the enforceability of the attorney approval contingency clause in a form residential real estate contract utilized throughout upstate New York. In a decision hailed by real estate brokers and attorneys throughout the state, the New York Court of Appeals agreed that the attorney approval contingency clause could be exercised for any reason the attorney deemed appropriate and that no justification for that decision need be given.
Buffalo Crushed Stone v. Town of Cheektowaga — In 2009, I obtained a successful result at the New York State Court of Appeals on behalf of a local limestone quarry whose rights to use its 280-acre property for mining were being challenged by the Western New York municipality in which the quarry was located. The Court of Appeals held that our client was entitled to nonconforming use status for the entirety of its property. The decision clarified a number of important land use issues left unanswered by a 30-year-old Court of Appeals decision and cleared the way for our client to continue its quarrying operations for decades to come.
Cimato o/b/o All Similarly Situated Plaintiffs v. Erie County Water Authority — Since 2006, I have led a team of HSE litigators in a class action against an upstate public authority in which the class seeks to recover damages for undisclosed charges assessed over a multiyear period to the authority's customers. The HSE litigation team has prevailed twice at the New York State Appellate Division, Fourth Department, on challenges to the class certification successfully obtained in 2008, has defeated defendant's motion for summary judgment and now awaits the February 2013 trial.
Obremski v. The Image Bank; Satterwhite v. The Image Bank — In 2006 and 2007, I worked with a team that obtained summary judgment on behalf of a Fortune 500 company in two different lawsuits pending in state and federal court in New York City. The plaintiffs in each of these cases sought millions of dollars in damages in lost stock photo images.