Litigation

Do You Have A Neighbor Property Line Dispute?

Landowners frequently find themselves at odds with their neighbors over property line or boundary line issues and sometimes the legal issues presented are surprisingly complex. Such neighbor property line disputes may include competing claims as to the location of a common boundary, encroachments of fences and other structures, the right to erect a fence on a common boundary and the resulting responsibilities for maintenance and trespass. Compounding the issues, sometimes encroachments or use of a neighboring piece of property may present questions of whether a landowner has lost a portion of his/her property through adverse possession or a prescriptive easement. The firm handles boundary line dispute cases on a regular basis and is intimately familiar with the laws that govern a landowner’s rights.

Contract Disputes

A significant portion of the firm’s litigation practice is focused on contract disputes, representing both plaintiffs and defendants. Contracts may provide for a variety of different remedies in the event a party fails to perform its obligations. Those remedies may include specific performance, monetary damages based on actual damage or liquidated damages where the actual damage suffered is incapable of precise calculation but the parties have agreed on a reasonable figure to compensate in the event of a breach.

There are also defenses that may be available in a contract dispute depending on the agreement between the parties. Such defenses may include whether a legal contract exists in the first place, whether the contract is void for vagueness or omits material terms, whether it is illegal or barred based on public policy, whether it is barred by the statute of frauds, whether performance was impossible or impracticable, whether there was a breach of the implied covenant of good faith and fair dealing implied in contracts and whether there was a breach by the party seeking to enforce the contract obviating performance by the other party.

Contracts may be both verbal or in writing, depending on the circumstances. Moreover, if a contract is unenforceable, there may be other grounds on which an aggrieved party may be entitled to relief, such as promissory estoppel, an account stated, quantum meruit or a claim for unjust enrichment.

In addition to litigating contract disputes, the firm actively drafts contracts for its clients. We encourage our clients to involve us in the drafting and negotiating of contracts in order to avoid the pitfalls of having a contract that omits material terms, leaves contingencies unaccounted for, is otherwise unenforceable or ill-suited for their purposes.

Construction Disputes

Our firm represents a significant number of contractors and subcontractors in construction disputes where they are not paid for labor and materials. The remedies in those cases may include filing mechanic’s liens, foreclosing on mechanic’s liens and prosecuting claims for breach of contract.

Construction disputes can be technical and complex, most of the time involving various parties and a variety of dispute resolution forums.  Penalties can result for an exaggerated lien or slander of title if the nuances of the Lien Law are not followed properly. We are effective at navigating these complexities while maintaining a focused, results-oriented approach.

Our client base is diverse, from owners to general contractors and subcontractors, architects and engineers to developers. At all stages of public and private construction projects we can handle whatever general construction claims may arise, breaches of contract, claims of defective workmanship and trust fund violations.

Discrimination

Discrimination in the workplace is prohibited by both federal and state law. An employer is not permitted to take adverse action against an employee, such as terminating employment or reducing benefits, based on a person’s age, sex, race, disability or membership in other protected classes under the law. Discrimination claims in the workplace are adjudicated by administrative agencies including the New York State Division of Human Rights, New York City Commission on Human Rights and the Equal Employment Opportunity Commission. Initially the task of these agencies is to investigate and make an initial determination whether probable cause exists to believe that adverse action was taken against an employee for discriminatory reasons. When an employee makes a prima facie showing he or she has been discriminated against because of membership in a protected class, the burden then shifts to the employer to demonstrate that the adverse employment action was taken based on legitimate, non-discriminatory reasons. After the employer has established such reasons, the burden then shifts back to the employee to demonstrate that the reasons proffered by the employer are merely a pretext to disguise unlawful discrimination. The initial investigatory task of these agencies is to determine whether probable cause exists to believe that discrimination has taken place. This is a fairly low threshold. If probable cause exists, the matter will progress to a hearing where a finding by the agency in favor of the employee could result in an assessment of damages.

The firm represents employers in defending against claims of workplace discrimination, but also counsels individuals who believe they have been victims of unlawful discrimination.