Litigation Services

The attorneys at Adams Bell Adams have been regularly litigating civil disputes in state and federal courts since the early 1980s. Much of our litigation experience has involved construction matters, but we also have significant experience handling more general business disputes, including trustee and other fiduciary litigation, real property tax contests and land use disputes.

Our attorneys have experience in state and federal trial courts throughout Upstate New York.  They also practice regularly before state and federal appeals courts, administrative agencies, arbitrators, and mediators.

At Adams Bell Adams, we recognize that litigation is a means to an end - achieving a satisfactory disposition of a client's dispute.  We therefore 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.  Most cases are successfully resolved before trial, but the following reported cases offer a flavor of our courtroom work:

Construction

  • M.G.M Insulation v. Gardner, 18 NY3d 903 (2012), limiting State Labor Department's prevailing wage jurisdiction.
  • Crane-Hogan Structural Systems v. State, 92 AD3d 1267 (2012), recovering overhead and profit for a cardinal change.
  • Crane-Hogan Structural Systems Inc. v. ESLS Development LLC, 77 AD3d 1302 (2010), extra work compensable based upon unit pricing in the contract.
  • LVI Environmental Services v. New York State Urban Development Corp., 67 AD3d 1456 (2009), preserving bid award against challenged qualifications.
  • 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.
  • In re Burgholzer, 370 B.R. 58 (2007), establishing non-dischargeability of a debt for breach of construction trust fund law.
  • LeChase Data/Telecom Services, LLC v. Goebert, 6 NY3d 281 (2006), establishing lender liability to unpaid subcontractors under the New York Lien Law.
  • 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.
  • 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.

Real Property Taxation

  • Hall v. Town of Irondequoit, 11 AD2d 892 (2004), upholding partial real revaluation against legal challenge.
  • Matter of FMC v. Unmack, 92 NY2d 179 (1998), Establishing the proper burden of proof in property tax assessment cases.
  • 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.

Fiduciary Litigation

  • Matter of Hunter (Chase), 100 AD3d 996, lv den 22 NY3d 860(2014), trustee surcharged for failure to diversify trust assets.
  • LeChase Data/Telecom Services, LLC v. Goebert, 6 NY3d 281 (2006), recovery against financing factor for participating in diversion of statutory trust funds.

Other

  • 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.
  • Niederhofer v. Linder, 6 AD3d 1218 (2004), upholding attorney disapproval of real estate contract.
  • McSpadden v. Caron, 2004 WL 2108394 (W.D.N.Y. 2004), involving a dispute over internet domain names.
  • Williams v. Fisher, 277 AD2d 893 (2000), confirming and enlarging developer's award for accounting malpractice.