Litigation & Dispute Resolution

Our Founding Competency

Our firm built its reputation on outstanding land use litigation. Today, with expanded areas of practice and broader capabilities – and upholding the same standard of excellence as our founders – our litigation practice still thrives. Among others, our clients include individuals, real estate developers, entrepreneurs, small businesses, multinational corporations, religious organizations, educational institutions, fire departments, and homeowners’ associations.

Litigation & Alternative Dispute Resolution

Our litigation team has the broad capability to handle a wide array of cases. We represent our clients in shareholder and partnership disputes, employment matters, commercial contract claims, defamation, and insurance related issues, to name a few. And we still excel in real estate litigation, with a practice that encompasses contract and license disputes, easement rights, water rights, adverse possession, title defects, construction defects, and contamination cases. Municipalities have employed us as special counsel in litigation commenced by third parties seeking to vacate land use approvals and in contract matters. And in the trusts and estates arena, our litigators handle guardianship and will contests, among other fiduciary issues, with the intelligence and sensitivity that such matters require.

We have extensive experience litigating under the New York State Environmental Quality Review Act, as well as the Clean Water Act, the Federal Religious Land Use and Institutionalized Persons Act, the Women’s Health & Cancer Rights Act, and the Americans with Disabilities Act.

Our attorneys regularly appear before all courts of general jurisdiction in New York State, Surrogate’s Court, federal district courts, bankruptcy courts, appellate courts, and a wide array of agencies and commissions. We also routinely represent clients in arbitration and mediation proceedings, including cases before the American Arbitration Association, FINRA and other alternative dispute resolution tribunals.

Accordion Content
  • Secured multi-million dollar judgment for non-payment of license to use fashion designer’s trademark.
  • Favorably settled action under the Women’s Health and Cancer Rights Act of 1998 on behalf of breast cancer survivor wrongly denied health insurance benefits for reconstructive surgery.
  • Favorably represented clients challenging a local law adopted by the Town of Bedford Town Board that regulates the preservation of historic buildings outside of the existing historic districts in the Town. The Firm sought court review of both the constitutionality of the law and the procedure undertaken by the Town Board to adopt the law. In particular, the Firm urged the Court to find that the adoption by the Town Board of an inventory of historic properties en masse, without notice and public hearing as to each property, was in violation of the property owners’ due process rights. The Town sought dismissal of the constitutional claims and the remaining causes of action. The Court denied the Town’s motion to dismiss the constitutional claims and remanded to the Town Board “for a hearing, upon due notice, as to each property listed on the Survey.” The remaining causes of action of the proceeding were dismissed.
Accordion Content
  • Secured multi-million dollar judgment for non-payment of license to use fashion designer’s trademark.
  • Favorably settled action under the Women’s Health and Cancer Rights Act of 1998 on behalf of breast cancer survivor wrongly denied health insurance benefits for reconstructive surgery.
  • Favorably represented clients challenging a local law adopted by the Town of Bedford Town Board that regulates the preservation of historic buildings outside of the existing historic districts in the Town. The Firm sought court review of both the constitutionality of the law and the procedure undertaken by the Town Board to adopt the law. In particular, the Firm urged the Court to find that the adoption by the Town Board of an inventory of historic properties en masse, without notice and public hearing as to each property, was in violation of the property owners’ due process rights. The Town sought dismissal of the constitutional claims and the remaining causes of action. The Court denied the Town’s motion to dismiss the constitutional claims and remanded to the Town Board “for a hearing, upon due notice, as to each property listed on the Survey.” The remaining causes of action of the proceeding were dismissed.

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Contacts

david simon attorney land-use & zoning, litigation, employment law corporate law westchester mount kisco new york city law firm
David Simon
Partner
p. daniel hollis III hollis laidlaw simon litigation land use & zoning guardianship trusts estates attorney westchester county mount kisco new york city
P. Daniel Hollis III
Partner