2024 Litigation Practice Newsletter |
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A Message from the Litigation Practice Chairs: |
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The goals of Cuddy & Feder’s litigation practice are to achieve successes for our clients, act as thought leaders on legal and ethical issues important to our clients, their businesses, and our practice, and bring our skills to bear on important causes in the community. As we look back on 2023, we celebrate successes in all three areas.
Through the past year, our litigation team successfully represented clients in complex commercial litigation matters, construction disputes, land use and real estate litigation, adverse possession and title claims, Article 81 Guardianships, trust and estate litigation, and Telecommunications law, achieving significant litigation victories and favorable settlements. Some of our department’s notable client victories are highlighted below.
Several of our attorneys presented at Continuing Legal Education seminars and wrote timely articles regarding issues facing our clients and practice, including environmental regulation, regulation of non-compete agreements, and the use of artificial intelligence in the legal profession, which works were published in the New York Law Journal and Westchester Lawyer. Other members of our practice received continued recognition for their professional accomplishments in commercial, business, and land use litigation from groups such as Hudson Valley Top Lawyers, New York Metro and Upstate New York Super Lawyers, and The Best Lawyers in America 2024.
We also continued to be active in the community, providing pro bono and volunteer services to organizations such as The Legal Aid Society (LAS) of Westchester County, United Way of Westchester and Putnam, and Legal Services of the Hudson Valley (LSHV), and the Port Chester Carver Center. Of particular note, Kempshall McAndrew was recognized for his pro bono work as a housing project volunteer for LSHV, and Brendan Goodhouse was named President of the Board of the Westchester LAS.
As we head into 2024, we look forward to continuing to serve you as one of the premier litigation practices in Westchester and the Hudson Valley and wish you health and happiness in the New Year.
Joshua E. Kimerling Brendan M. Goodhouse
Chair Vice-Chair
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Victory in Federal Court Shareholder Dispute
Successfully represented a co-owner of a closely held corporation in a shareholder dispute in Federal Court in New York. We successfully defended our client against claims of breach of contract and breach of fiduciary duty, and were able to secure a decisive win at the outset of the case by defeating the other shareholder's motion to freeze company distributions. After prevailing on the motion, the parties were able to settle the action, thereby achieving our strategy of quickly resolving the matter for our client.
Successfully Secured $700,000 Judgment in Commercial Lawsuit
Secured a $700,000 judgment in favor of our client in a breach of contract and account stated commercial lawsuit in the New York State Supreme Court in Manhattan. Our team devised a strategy to seek summary judgment prior to engaging in discovery and were able to implement the strategy to success. The case was settled immediately after securing summary judgment with our client being paid all amounts that were owed.
Victory at the Second Circuit Restricting Project Opponents’ Ability to Intervene in Telecommunications Act Cases
Cuddy & Feder’s telecommunications litigation team secured a significant victory in the Second Circuit Court of Appeals involving the Telecommunications Act (TCA). The Circuit Court affirmed a ruling denying residents' motion to intervene in a case where ExteNet Systems challenged a village's denial of small cell network installation. The Second Circuit's decision establishes limits on intervention, holding that residents must show 'collusion, adversity of interest, nonfeasance, or incompetence' to intervene in TCA cases. The ruling is expected to restrict interventions in similar litigations. READ MORE>
Dual Wins in Adverse Possession Case for Westchester Homeowners
Successfully represented homeowners in Westchester Supreme Court in their boundary
suit seeking title to property by adverse possession. After obtaining partial summary
judgment awarding our clients a portion of the land in question, we prevailed on a
subsequent summary judgment motion granting our clients title by adverse possession to
a larger piece of property. The dual title wins enabled our clients to protect and enjoy the
full extent of their backyard.
Successful Retrieval of $8 Million in Site Development Bonds
A significant victory was achieved through a combination of threatened Section 1983 litigation and prolonged negotiations. We successfully secured the release and return of initial site development performance bonds, amounting to over $8 million. This outcome pertained to three lots within a phased development project, marking a substantial win for the involved parties. The resolution was reached through strategic legal actions and persistent negotiations, showcasing the effectiveness of our legal team in navigating complex disputes.
Cuddy & Feder Prevails in Commercial Arbitration
Cuddy & Feder secured a complete victory for a national affordable housing developer in a commercial arbitration case. A co-developer who was involved in the initial stages of the project sued our client asserting claims for breach of a letter agreement and seeking more than $1,000,000 in damages. Following expedited discovery and a one-day hearing under AAA's Commercial Rules, the Arbitrator ruled in favor of our client, finding no breach of contract and rejecting all of the petitioner's claims.
Read more about successful results we obtained here.
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Professional + Community Recognition |
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Kempshall McAndrew Makes a Positive Impact as Co-Counsel for Legal Services of the Hudson Valley
Litigation attorney Kempshall McAndrew, has demonstrated exceptional dedication and commitment in his role as co-counsel supporting the Legal Services of the Hudson Valley (LSHV). Through his outstanding legal expertise, Kempshall has played a crucial part in making a positive impact on the lives of those in need. READ MORE >
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Eighteen Cuddy & Feder Attorneys Recognized by Super Lawyers in 2023
Cuddy & Feder LLP proudly announces that several of its attorneys have been named to the 2023 Super Lawyers list. Notable individuals include Joshua E. Kimerling in Business Litigation, Seth M. Pavsner in Antitrust Litigation, and Michael V. Caruso, acknowledged on the New York Metro Super Lawyers list for Land Use & Zoning. This prestigious recognition, bestowed upon no more than five percent of lawyers in the state annually, reflects outstanding professional achievement and peer recognition in their field. The selection process involves a thorough evaluation, incorporating surveys, independent research, and peer reviews. Super Lawyers Magazines nationwide will feature these accomplished attorneys, emphasizing their excellence in the legal practice. READ MORE >
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Eight Cuddy & Feder Attorneys Named to 2024 Best Lawyers® and Best Lawyers: Ones to Watch List
Cuddy & Feder LLP proudly announces that several of its attorneys have been recognized in the 2024 edition of The Best Lawyers in America list. Notable litigation attorneys include Joshua E. Kimerling and Troy D. Lipp, acknowledged for their work in Commercial Litigation. The Best Lawyers in America, based on a peer-review evaluation, highlights legal excellence, making this recognition a testament to the professional achievements of these outstanding attorneys at Cuddy & Feder LLP. READ MORE >
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From Big Sky to the Big Apple: How Environmental Constitutionalism Could Shape New York Dockets
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Understanding the Push to Eliminate Non-Compete Agreements
Litigation attorneys Seth M. Pavsner and Tyler Mitchell, authored an article in the New York Law Journal, published on November 3, 2023, titled “Understanding the Push to Eliminate Non-Compete Agreements.” In the article, they discuss the Federal Trade Commission’s new proposed rule that would classify non-compete agreements in employment contracts as an “unfair method of competition,” and New York’s efforts to codify the federal government’s proposed ban into state law. READ MORE>
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The Attorney’s Ethical Obligations When Using AI
Litigation attorney Seth M. Pavsner authored an article in the New York Law Journal, published on July 28, 2023, titled "The Attorney's Ethical Obligations When Using AI." The article explores the transformative impact of ChatGPT in the legal landscape, lauded for its rapid response generation and contextual understanding. The article delves into the ethical challenges attorneys face when integrating AI tools, as illustrated by real cases of sanctions and the potential risks to client confidentiality, urging a cautious approach to leverage AI as a complementary rather than a substitutive force in legal practice. READ MORE>
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Nuanced Solutions to Your Legal Challenges |
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Attorney Advertising. This newsletter is designed and intended for general information only. The information presented in this newsletter should not be construed to be formal legal advice nor as giving rise to the formation of a lawyer/client relationship. |
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