Litigation & Dispute Resolution

The attorneys of The West Firm are experienced in and represent corporate and individual clients in all forms of dispute resolution, including litigation, administrative proceedings, arbitration, and mediation.

Our attorneys regularly practice in all levels of State and federal courts across New York State and, when necessary, in other jurisdictions. We represent clients in general commercial litigation matters (i.e., contract or business disputes) and other specialized areas, including environmental, land use/zoning, energy, and transportation litigation.

The Dispute Resolution Practice Area also has significant experience in appellate advocacy. Cindy Monaco clerked for the State’s highest court, the New York State Court of Appeals. Our attorneys also appear regularly before specialized administrative agencies and dispute resolution tribunals such as the United States Environmental Protection Agency, the New York State Department of Environmental Conservation, the New York State Adirondack Park Agency, arbitration panels, and mediators.

Our litigation and dispute experience includes:

• Successful representation of a client in a hazardous materials cost recovery action, not only completely relieving the client of all liability at the site, but leading to a monetary recovery for the client as well.
• Successful representation of a client against a local municipality concerning open burning which resulted in the municipality’s admission that their long-standing code interpretation and enforcement practices regarding open burning was legally invalid.
• Representation of clients in civil and criminal investigations by the Office of the New York State Attorney General resulting in discontinuance without penalties.
• Instrumental in obtaining a declaration that a portion of New York’s Subdivided Lands Act is unconstitutional.
• Litigation of a case that is cited as the leading authority for establishing “grandfathered” status under the State Environmental Quality Review Act (“SEQRA”).
• Representation of a gas industry client in filing a post-decision motion to intervene as an interested and necessary party in litigation regarding the interpretation and application of certain New York State statutes that affected the allocation of costs and royalties of natural gas production between landowners and well operators.
• Serving as lead counsel in litigation brought by certain New York industries resulting in a declaration that New York’s inactive hazardous waste disposal site regulations are invalid on substantive grounds.
• Serving as lead counsel in a successful challenge to New York’s pesticide notification regulations.
• Representation of a client in the New York State Court of Appeals on a novel Martin Act issue.
• Preparation of amicus curiae briefs for trade organization clients for submission to the New York State Court of Appeals.
• Representation of an oil and gas producer in an arbitration that resulted in upholding and enforcing the terms of a lease agreement with a landowner that the parties’ lease extended beyond the primary term.
• Successful negotiation of terms of settlement with the New York State Department of Environmental Conservation regarding alleged violations of the pesticides law by agriculture and applicator clients.
• Successful opposition of an appeal to a municipal zoning board of appeals seeking to block the construction of an air stripping facility.
• Representation of clients in enforcement proceedings before various State and federal agencies.

Sample Reported Cases:

Atkins v County of Orange, 251 F. Supp. 2d 1225 (SDNY 2003)

Nashua Corp. v Norton Co., 1997 U.S. Dist. LEXIS 5173 (NDNY 1997)

Cranberry Hill Corp. v Shaffer, 629 F. Supp. 628 (NDNY 1986)

All Seasons Resorts, Inc. v Abrams, 68 N.Y.2d 81 (1986)

Oeffler v Miles, Inc., 241 A.D.2d 822 (3d Dept 1997)

United Water N.Y., Inc. v Hudson Tech, Inc., 181 Misc. 2d 984 (Sup Ct, Rockland County, 1999)

Hunts Point Terminal Produce Coop. v Indemnity Insur. Co. of N. America, 2001 U.S. Dist. LEXIS 10837 (SDNY 2001)

Verizon New York, Inc. v Covad Communications Co., 2006 WL 278281 (NDNY 2006)