Profile

Brian is an experienced litigator bringing business lawsuits to verdict for clients. His reputation as an aggressive litigator with a focus on commercial cases has helped him successfully handle a wide range of matters, including cases related to real estate and commercial leases, business contracts and corporate dissolution proceedings.

Brian was one of the principal attorneys who successfully defended two Upstate New York municipalities in Indian land claim and related litigation in the matter of Cayuga Indian Nation of New York v. Pataki. Having nearly two decades of experience in Native American Law, he also advises clients on the complexities of business and municipal relationships with tribal entities.

  • Listed in:
    • The Best Lawyers in America®, Commercial Litigation; Litigation - Labor and Employment; Litigation - Municipal, 2013-2022 (listed for more than 5 years)
      • Lawyer of the Year - Rochester, Litigation – Municipal, 2018; 2022
    • New York Super Lawyers®, Business Litigation, 2021 (listed for more than 10 years)
    • Martindale-Hubbell®, AV Preeminent Rated
      • Top-Rated Lawyer in Labor & Employment Law
  • New York State Bar Association
  • Monroe County Bar Association
  • Fellow, Trial Lawyer Honorary Society

Trust and Estate Litigation

  • On behalf of a trust beneficiary, secured judgment dismissing claims of mistake and fraud by a trust grantor seeking to rescind an inter vivos trust valued in excess of $8 million.
  • Prosecuted claims of breach of fiduciary obligations and self-dealing against a trustee resulting in his removal and a $2.9 million surcharge in favor of the client-beneficiaries.   
  • Represented beneficiaries of an estate where the Executor failed to account for a multimillion-dollar business interest claiming that the interest was transferred to him prior to the decedent’s death.  The Executor made a significant settlement offer prior to trial.
  • Successfully established claims against a trustee related to his mismanagement of the trust resulting in his removal and recovery of the trust losses for the client-beneficiaries.
  • Represented an educational institution in a will contest achieving a significant settlement at trial.
  • Regularly represents fiduciaries, including corporate fiduciaries, in matters ranging from more routine trust and estate administration issues to complex contested accountings.
  • Represents clients in a variety of proceedings in Surrogate’s Court, including trust and estate discovery proceedings and will contests.

Commercial Litigation

  • Represented a shareholder in a business dissolution proceeding based on fraud and oppression by other shareholders resulting in the client achieving his goal of remaining the sole shareholder of the highly successful business.
  • Represented a precision tool manufacturer in a technically complex breach of contract action related to a machine tool purchase. Obtained a successful verdict following trial and judgment in excess of $1 million.
  • Successfully represented a U.S. biodiesel manufacturer against a German biodiesel production plant manufacturer with respect to claims related to the failure of a biodiesel production plant to produce at the quantity and quality specified in the parties' contract.
  • Represented a national shopping center developer in a commercial action alleging the breach of commercial lease and personal guaranty. Resulted in a significant settlement of over $900,000.

  • Trustee of Free Deliverance Church
  • Ministry Leader, City of Refuge Ministry - served in several missionary trips to Guatemala and Venezuela