Third Department Rules Against Litigation Requirement

AdminDecisions, News


Litigation can’t be the sole remedy when parties don’t agree. In a decision handed down on April 14, 2016, the New York State Appellate Division, Third Department determined that the General Business law prohibits contract provisions mandating litigation as the sole remedy for contract disputes. In the case, an agreement between a contractor and a subcontractor contained a provision expressly mandating … Read More

A Big Win in the Adirondacks for an FMBF Client

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Tom Ulasewicz, Of Counsel to FitzGerald Morris Baker Firth, was an integral part of a big victory for one of our clients trying to win approval to build a resort and revitalize a ski area in the Adirondack Mountain town of Tupper Lake. Read more about this positive decision below. Glens Falls, NY  - On Thursday, July 3, 2014 the State ... Read More

Lawrence Elmen Wins Dismissal in Federal Cellular Phone Search Case

AdminDecisions, News

Following a three day evidentiary hearing, Senior District Court Judge Thomas J. McAvoy ordered the suppression of evidence seized from two cellular phones by Border Patrol agents.  The unlawful seizure of phone data by Border Patrol agents occurred on December 10, 2012 in Champlain, New York, near the Canadian Border. Two women from Miami, Florida were charged with alien smuggling ... Read More