William E. Brueckner
The firm's litigation department has represented clients in hundreds of civil actions. Many involve essentially "private" disputes between the parties. Others have had significant broader public impact and have resulted in appellate decisions which shape the development of the law. The following cases with publicly reported written decisions are a representative sample.
Matter of Estate of Foster, 2019 WL 1984183 (Surr. Ct. Monroe County 2019) (estate creditor’s claim based on life insurance policy assignment dismissed on summary judgment as barred by the statute of limitations).
Council of Churches Housing Development Fund Co., Inc. v. Arlington Housing Corp., 2019 WL 1970517 (W.D.N.Y. 2019) (successfully opposed motion for preliminary injunction in dispute over the direction and control of a limited partnership that was formed to own and operate a real estate investment).
Financial Federal Credit Inc. v Ramar Crane Services, LLC, 21 F. Supp. 3d 264 (W.D.N.Y. 2015); aff’d, 604 Fed. Appx. 38 (2d Cir. 2015) (successfully defeated lender’s alleged Article 9 security interest as good faith purchaser of construction equipment).
Lenel Systems International, Inc. v. Smith, 106 A.D.3d 1536 (4thDep’t 2013) (litigation involving non-compete provisions contained in stock option agreement that lacked a forfeiture clause).
Ellison Heights Homeowners Ass’n, Inc. v. Ellison Heights LLC, 112 A.D.3d 1302 (4th Dep’t 2013) (holding that town was not necessary party to HOA’s RPAPL Article 15 claim against developer of adjoining parcel).
Beechwood Restorative Care Center v. Leeds, 436 F.3d 147 (2d Cir. 2006) (civil rights claim based on the First Amendment against officials in the New York State Department of Health alleging retaliation against a skilled nursing facility).
Beechwood Restorative Care Center v. Signor, 5 N.Y.3d 435 (2005) (action against the New York State Department of Health for attorney’s fees under the Freedom of Information Law. Case outcome immediately prompted New York State Legislature to amend the statute to conform to plaintiff’s asserted position in the litigation. New York Laws of 2006, chap. 492, amending Public Officers Law § 89(4)(c)).
Estate of Hayes v. Ontario Plastics Inc., 775 N.Y.S.2d 682 (4th Dep't 2004) (Upward modification of attorneys' fees awarded under provision of a promissory note, and entitlement to award of attorneys' fees incurred on appeal and related Article 78 proceeding).
Jones v. Community Bank of Sullivan County, 306 A.D.2d 679 (3d Dep’t 2003) (action for conversion based on dishonest bookkeeper’s fraudulent indorsement of checks deposited at the bank).
Chambery v. United States, 54 Fed. Cl. 2 (2002) (suit by former nursing home operator against the United States alleging that the Department of Housing and Urban Development breached a regulatory agreement by failing to reimburse plaintiff for property maintenance expenses and other money on deposit in an established reserve fund).
Boyce-Canandaigua, Inc. v Brown, 289 A.D.2d 291 (4th Dep't 2001), reargument granted, 294 A.D.2d 960 (4th Dep't 2002) (modification of tax assessment review proceeding outcome after trial, involving multiple commercial properties in Canandaigua, NY).
Brewer v. West Irondequoit Central School District, 212 F.3d 738 (2d Cir. 2000) (the firm successfully defended one of the nation’s oldest voluntary inter-district school desegregation programs against reverse-discrimination equal protection challenge).
Cavigliano v County of Livingston, 254 A.D.2d 817, 678 N.Y.S.2d 186 (4th Dep't 1998) (innocent plaintiff barred from recovery for wrongful death in police chase, based on qualified immunity of sheriff's deputies).
Anderson v. Flanagan, 87 N.Y.2d 362 (1996) (clarification of homeowner exemption from Labor Law §240 liability).
Payless ShoeSource, Inc. v. Town of Penfield, 934 F.Supp. 540 (W.D.N.Y. 1996) (conflict between federally registered trademark and local zoning restrictions under 15 U.S.C. §1121(b)).
Podhorecki v. Lauer's Furniture Stores, Inc., 184 A.D.2d 1066, 585 N.Y.S.2d 268 (1992); 201 A.D.2d 947, 607 N.Y.S.2d 918 (1994) (attorney's fee rights and calculation in consumer litigation).
Scarminach v. Goldwell GmbH, 140 Misc.2d 103, 531 N.Y.S.2d 188 (Sup.Ct.Mon.Co. 1988) (nonexclusivity of Hague Convention procedures in state court discovery proceeding).
Anders v. Segall, 124 A.D.2d 1029 (4th Dep't 1986) (jury verdict increased as inadequate in negligence case).
Murphy v. Empire of America, 583 F. Supp. 1563 (W.D.N.Y. 1984); 746 F.2d 931 (2d Cir. 1984) (loan rescission rights under Truth -In-Lending statute).
Independent Bankers Association of New York State, Inc. v. Marine Midland Bank, N.A., 575 F. Supp.1425 (W.D.N.Y. 1984); 583 F.Supp. 1042 (W.D.N.Y. 1984); rev'd, 757 F.2d 453 (2d Cir. 1985), cert. denied, 106 S.Ct. 2926 (1986) (legal status of automated teller machines utilized but not owned by national banks).
Estate of Wheaton v. Metropolitan Life Insurance Co., 119 Misc.2d 615, 463 N.Y.S.2d 727 (Sup. Ct. Mon. Co. 1983) (fraud allegations re: sale of annuity contract sustained).
Silver v. Rochester Savings Bank, 73 A.D.2d 81 (4th Dep't 1980); 48 U.S.L.W. 2615 (1980) unenforceability of due-on-sale clauses in real estate mortgage).