Stephen is a trial attorney in the firm's litigation department with extensive experience representing financial institutions, businesses, insurance companies and individuals in a wide variety of litigated matters in both federal and state courts.
His practice focuses on business and commercial litigation, employment litigation (enforcement of non-compete agreements), real property litigation (contract disputes, zoning issues and tax assessment challenges), insurance litigation (first-party property, coverage and third-party liability defense) and class action defense. Stephen also has experience in litigating professional liability claims and attorney fee disputes. In addition, he regularly represents lenders and other creditors in workout matters and adverse bankruptcy proceedings. Stephen also counsels a number of small businesses on corporate and business-related issues.
Business and Commercial
- Obtained dismissal of suit brought against physician group and its principals by former shareholder asserting claims of breach of contract, fraud, breach of fiduciary duty and conversion arising out of separation.
- Successfully represented member of sports and entertainment company in dispute with other members of company over parties’ rights and obligations under company’s operating agreement.
- Obtained dismissal of suit brought by commercial loan applicant against financial institution alleging claims of breach of contract, unjust enrichment and deceptive business practices arising out of denial of loan request.
- Represented beverage company in multi-million dollar dispute with former representative of acquired companies over breach of an asset purchase agreement and the warranties thereunder.
- Successfully represented direct mail coupon publishing company in defense of $2.9MM breach of contract action brought by printing company.
- Obtained verdict and judgment, with interest, in excess of $1 million after trial on behalf of precision machine tool manufacturer in breach of contract suit against machine manufacturer and distributor arising out of defective machine.
- Successfully represented financial institution in defense of $60MM breach of contract/fraud/tortious interference action brought by international imaging and photographic supply company.
- Represented credit card company in defense of breach of contract action commenced by software company.
- Obtained in excess of $750,000 recovery on behalf of waste disposal provider in suit arising out of theft and fraudulent endorsement of check.
- Successfully defended a financial institution against a multi-million dollar breach of contract/fraud claim brought by mortgagee.
- Obtained dismissal of securities fraud action against Texas oil and gas company arising out of investment in oil and gas venture.
- Successfully represented advertising company and its owner in suit brought by former employee alleging Labor Law wage violations and breach of contract.
- Defeated claims brought by former employee against lubricant distributing company attempting to circumvent contractual non-compete obligations.
- Successfully represented custom printing company in breach of employment contract action brought by former employee.
- Obtained temporary restraining order and injunctive relief on behalf of energy supply company in suit against former employee.
- Successfully represented medical products supplier in dispute with former marketing company and its principal arising out of the termination of their business relationship.
- Obtained prompt and favorable disposition of lawsuit brought against client’s employee by former employer alleging conversion, unfair competition and breach of an employment contract.
- Prevailed on behalf of school district in lawsuit brought by purchaser of former school building seeking in excess of $1MM in damages for breach of the sale contract and claimed property damage present in the building.
- Obtained injunctive relief on behalf of property owner against neighbor in nuisance action.
- Prevailed in Article 78 proceeding brought on behalf of non-profit photography organization challenging denial of charitable exemption from property taxation.
- Successfully represented a telecommunications provider in numerous cases involving municipalities' ability to limit cellular telephone service pursuant to the Telecommunications Act of 1996.
- Obtained favorable recovery for commercial warehouse owner in summary eviction proceeding brought against food distribution company tenant.
- Procured dismissal of lawsuit brought against commercial landowner by would-be purchaser in breach of contract and specific performance action revolving around proposed sale of mining property.
- Successfully represented former officers and board members of not-for-profit company in defense of action brought by court-appointed receiver alleging claims of breach of fiduciary duty, fraud, waste and conversion following dissolution of company.
- Successfully represented life insurance company, including the recovery of its attorneys’ fees, in several interpleader actions involving disputes by beneficiaries over the distribution of policy proceeds.
- Obtained in excess of $500,000 recovery on behalf of insurance company against co-insurer of tortfeasor in underlying personal injury action.
- Successfully represented numerous insurance companies up through and including trial in actions involving the denial of fire loss claims on the basis of fraud/arson and/or the valuation of the loss.
- Obtained dismissal of lawsuit brought against insurance company by corporate insured arising out of extensive mold loss to commercial building.
- Obtained favorable resolution of action against HVAC contractor in $6MM personal injury suit brought by plaintiff claiming controversial neurological condition reflex sympathetic dystrophy ("RSD") arising out of motor vehicle accident.
- Successfully represented numerous manufacturers, distributors and retailers in product liability suits.
- Obtained dismissal of complaint brought against regional furniture retailer by purported class of consumers alleging claims of deceptive business practices and false advertising.
- 621 Payne Ave., LLC v. Union Free School Dist. No. 1 of N. Tonawanda, 2014 N.Y. Slip Op. 00761 (4th Dept. 2014)
- In re National Fuel Gas Distribution Corp., 108 A.D.3d 1045, 969 N.Y.S.2d 646 (4th Dept. 2013)
- Rafi v. Rutgers Cas. Ins. Co., 59 A.D.3d 1057, 872 N.Y.S.2d 799 (4th Dept. 2009)
- 40 Gardenville, LLC v. Travelers Property Casualty of America, 387 F. Supp.2d 205 (W.D.N.Y. 2005)
- Zulawski v. Taylor, 11 Misc.3d 1058(A), 2005 WL 3823584 (Sup. Ct. 2005) (unreported disposition)
- American Ref-Fuel, Inc. v. Northeast Southtowns Solid Waste Mgmt. Bd., 291 A.D.2d 861, 737 N.Y.S.2d 494 (4th Dept. 2002)
- Assurance Co. of America v. American & Foreign Ins. Co., 288 A.D.2d 888, 732 N.Y.S.2d 191 (4th Dept. 2001)
- McSorley v. Tripoli, 284 A.D.2d 900, 725 N.Y.S.2d 918 (4th Dept. 2001)
- Hoehn v. Int'l Security Services and Investigations, Inc., 120 F. Supp.2d 257 (W.D.N.Y. 2000)