Litigation Services

The attorneys at Gates & Adams have been regularly litigating civil disputes in state and federal courts since the late 1960s. Much of their litigation experience has involved commercial relationships (both simple and complex), government permitting and regulation, government contracting, and valuation of commercial real estate. The majority of the firm's cases have involved construction disputes, land use disputes, and real property tax appeals. However, we also have significant experience defending and prosecuting lease and other contract disputes, business ownership disputes, and claims of malpractice by non-medical professionals.

Gates & Adams' litigation experience is not limited to the trial courts. Our attorneys also regularly represent clients before state and federal appeals courts, government administrative tribunals, arbitrators, and mediators.

At Gates & Adams, we recognize that litigation is a means to an end - achieving a satisfactory disposition of a client's dispute. Accordingly, we strive to combine aggressiveness and creativity with efficiency and pragmatism to achieve the best net result for each client we represent. Our adversaries know that we are ready and willing to take your case to trial, but at the same time, we remain alert for opportunities to achieve your goals through a favorable settlement.

The following reported cases offer samples of our attorney's courtroom work:

LeChase Data/Telecom Services, LLC v. Goebert, 6 NY3d 281 (2006), establishing lender liability to unpaid subcontractors under the New York Lien Law.
Matter of FMC v. Unmack, 92 NY2d 179 (1998), reestablishing the proper burden of proof in property tax assessment cases.
General Building Contractors v. Dormitory Authority of the State of New York, 88 N.Y.2d 56 (1996), limiting a state agency's ability to impose union-only project labor agreements in public work.
North Central Mechanical, Inc. v. Hunt Const. Group, Inc., 45 AD3d 1424 (2007), compelling payment under a construction contract despite a pay-when-paid clause.
Visionaire Lighting, LLC v. O'Connell Electric, 43 AD3d 1418 (2007), establishing a contractor's defense to payment claim by owner-designated vendor.
CNP Mechanical, Inc. v. Agnello, 31 AD3d 925 (2006), releasing contractor from liability for interest in prevailing wage case (after DOL wage claims reduced from $750,000 to $40,000).
Hall v. Town of Irondequoit, 11 AD2d 892 (2004), upholding partial real property tax revaluation against legal challenge.
Niederhofer v. Linder, 6 AD3d 1218 (2004), upholding attorney disapproval of real estate contract.
Sicoli and Masssaro, Inc. v. Grand Island Central School District, 309 AD3d 1229 (2003), clarifying the permissible use of bid alternates in municipal bid solicitations.
Tougher Industries, Inc. v. Board of Education of the Rochester City School District, 286 AD2d 880 (2001), subcontractor delay claims defeated by no-damage-for-delay and written-notice clauses in contract.
Williams v. Fisher, 277 AD2d 893 (2000), confirming and enlarging developer's award for accounting malpractice.
King v. Monroe County, 255 AD2d 1003 (1998), upholding county's environmental review of a building project.
Friends of Keuka Lake v. DeMay, 206 AD2d (1994), re-opening a court-approved development agreement when neighboring landowners were not consulted.
Xerox Corp. v. Town of Webster, 204 AD2d 990 (1994), confirming availability of Federal Civil Rights Act to an industrial taxpayer in a property tax dispute.
Agway, Inc. v. Williams, 185 AD2d 636 (1992), sustaining claim for unlicensed design of a dairy facility.
Bechhoefer v. Department of Justice, DEA, 209 F3d 57 (2000), broadening the categories of public records regulated by the Federal Privacy Act.
In re Burgholzer, 370 B.R. 58 (2007), establishing non-dischargeability of a debt for breach of construction trust fund law.
Operating Engineers v. Crane-Hogan Structural Systems, 2007 WL 137106 (W.ND.N.Y. 2007), defeating a union's claim for attorneys fees in arbitration.
McSpadden v. Caron, 2004 WL 2108394 (W.D.N.Y. 2004), involving a dispute over internet domain names.