Litigation, Mediation and Dispute Resolution

Overview

Attorneys

Representative Matters

 

Litigation, Mediation and Dispute Resolution

Litigation, Mediation, and Dispute Law includes:

  • Article 78 proceedings
  • Citizen suits
  • Cost recovery actions
  • Natural resource damages
  • Construction disputes
  • Environmental litigation
  • Permitting appeals and enforcement
Overview

Young/Sommer advocates vigorously for its clients whenever necessary. The firm has a successful track record representing our clients in a broad range of administrative, civil, and criminal matters, appearing before federal and state courts and a host of administrative agencies. We also regularly represent clients in arbitration and mediation proceedings. In all cases, our goal is help clients achieve their goals while taking the cost of litigation into account.

The following is a partial list of the firm’s litigation-related practice experience:

Article 78 Proceedings

Young/Sommer has commenced dozens of Article 78 proceedings challenging government actions relating to zoning, environmental permitting, SEQRA, and other matters. Young/Sommer has also defended dozens of Article 78 proceedings on behalf of local government.

Citizen Suits

The firm has commenced and defended citizen suits arising under various federal environmental laws, including the Clean Water Act.

Cost Recovery/Contribution Actions and Natural Resource Damages

Our attorneys have helped clients commence and defend cost recovery and contribution actions arising under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and have brought dozens of actions to obtain insurance coverage (including duty to defend) for environmental claims.

Construction Disputes

Young/Sommer has extensive experiences in construction-related litigation on behalf of both contractors and municipalities, addressing issues such as public bidding, prevailing wage, Wicks Law, performance bonds, delay damages, collection, warranties, design defects, etc.

Environmental Litigation

Young/Sommer has extensive experience in successfully defending nuisance (common law and public nuisance) claims against controversial facilities (e.g., foundries, sludge management, solid waste, race tracks, children’s camps).

Permitting Appeals and Enforcement

The firm regularly represents clients in permitting appeals before the Department of Environmental Conservation and other state and federal agencies. We defend clients accused of violating federal and state environmental laws. In that capacity, our attorneys have negotiated dozens of consent orders resolving a wide range of enforcement-related matters.

The firm’s Litigation, Mediation and Dispute Resolution practice group includes J. Michael Naughton.

The following Young/Sommer attorneys represent clients in this practice area.

Dean S. SommerDean S. Sommer

Dean S. Sommer (Partner) concentrates on the litigation and/or negotiation of environmental and toxic tort matters addressing the release of hazardous substances, hazardous waste, petroleum and solid waste into the environment. Chambers USA, in its 2004 Guide, stated that Mr. Sommer is “a noted litigator” whose “expertise is on show in Superfund, RCRA and CWA issues.”

 

Kevin M. YoungKevin M. Young

Kevin M. Young has been practicing environmental law for over 28 years. Mr. Young assists clients in achieving their business and municipal objectives while complying with environmental and land use regulations. He also serves as counsel to over 20 municipalities, numerous manufacturing facilities and developers.

 

Joseph F. CastiglioneJoseph F. Castiglione

Joseph F. Castiglione primarily practices in the areas of commercial, contract, municipal, land-use, administrative and environmental law, with his practice primarily dedicated to litigation in State and Federal courts.

 

J. Michael NaughtonJ. Michael Naughton

J. Michael Naughton is a partner in the firm, and has practiced as a litigator for over 25 years. He began his career in New York City and moved to Albany in 1987. Mr. Naughton was a partner at the law firm of Shanley, Sweeney Reilly & Allen, P.C. before joining Young/Sommer LLC in 2005.

 

Laura K. BomyeaLaura K. Bomyea

Laura Bomyea received her J.D. from Albany Law School, and her Bachelor’s degree in Philosophy, with a concentration in Literature, from Bard College.  She spent… Read More

 

E. Hyde ClarkeE. Hyde Clarke

E. Hyde Clarke joined Young/Sommer after receiving his J.D. from Albany Law School in May 2014. He received a Bachelor’s Degree in Political Science from… Read More

 

Jessica Ansert KlamiJessica Ansert Klami

Jessica Ansert Klami graduated Cum Laude from Albany Law School in 2009 and was admitted to practice in 2010.  She received a Bachelor’s degree in… Read More

 

Kristin Laviolette PrattKristin Laviolette Pratt

Kristin Laviolette Pratt (Associate) has been practicing environmental law, commercial litigation, and real property law at Young/Sommer LLC since 2005. Kristin has represented both corporate and individual clients before the New York State Department of Environmental Conservation in negotiating regulatory proceedings as well as before local government boards.

 

Jessica R. VigarsJessica R. Vigars

Jessica R. Vigars is a 2011 graduate of Albany Law School. She received her Bachelor’s degree in Elementary and Special Education from The State University… Read More

 

Sue H.R. AdlerSue H.R. Adler

Sue H.R. Adler, of Counsel since 2007, has handled complex litigation in federal and State court for the past 30 years. Ms. Adler has extensive experience in all aspects of civil litigation, including litigation strategy and risk assessment, pretrial discovery, motion practice, trials, and appeals.

 

Kristin Carter RoweKristin Carter Rowe

Kristin Carter Rowe (Of Counsel) has extensive litigation experience having represented and counseled individual, corporate and municipal clients in all areas of civil litigation on both the state and federal levels.

 

Scott P. OlsonScott P. Olson

Mr. Olson has been a strong advocate for the wireless communications industry since the mid-1990’s. He has successfully represented international tower companies and FCC licensed… Read More

 

Backiel v Murphy, Sup Ct, Warren County, 2015

The firm represented the Backiels, owners of undeveloped lakefront property.  An unpaved driveway, built in the 1970s, connects the Backiel property to a public highway. … Read More

Bozzetti v. Pohlmann, 94 AD3d 1201 (3d Dept 2012)

The firm prevailed for Plaintiffs in a land boundary and title dispute involving property of three different parties in rural Greene County, New York.  Following… Read More

Crystal Run Newco, LLC v. United Pet Supply, Inc., 70 AD3d 1418 (4th Dept 2010)

This a commercial landlord-tenant case in which the appellate court reversed the trial court, and granted the landlord summary judgment with respect to its claim… Read More

Dever v. DeVito, 84 AD3d 1539 (3d Dept 2011)

The firm represented the defendants in this residential property dispute involving private covenants and restrictions in a homeowner’s association. In this case, a neighbor attempted… Read More

Fabrikant v. French, 328 F Supp 2d 303, 310-12 (ND NY 2004)

Fabrikant v. French, 722 F Supp 2d 249 (ND NY 2010); affd on appeal, 691 F3d 193 [2d Cir 2012]

Fleming v. New York City Dept. of Envtl. Protection, 66 AD3d 777 (2d Dept 2009)

The firm represented the developer-respondent, RFB, LLC. RFB and its contract-seller Kent Acres Development Co.,Ltd., who proposed to construct an approximately 280 residential condominium development… Read More

G&K Iron Works, LLC v. Pyramid Management Group, Inc., et al., Sup Ct, Rockland County, 2013, Index No. 036415/2013

The firm successfully obtained an order dismissing a Lien Law foreclosure action instituted against a corporate client and obtained clarification of an often puzzling provision… Read More

Garden Homes v Patel, Sup Ct, Dutchess County, 2015

The firm represented Garden Homes, which owns a 40-unit mobile home park with a private water and sewage treatment system.  The treatment system has operated… Read More

Gas Land Petroleum, Inc. v Friendly Service Armonk, Inc. and Sammy Eljamal, Supreme Court Westchester County, Index No. 56368/2013

The firm successfully obtained summary judgment for the Plaintiff in a gasoline supply contract dispute.  The judgment was awarded against both the retailer and the… Read More

Gellert v. Town of Livingston Planning Board, et al., Sup Ct, Columbia County, 2013

The firm represented Plaintiffs-Petitioners Anthony Gellert and Alexander Gellert in a combined proceeding brought pursuant to CPLR Article 78 and CPLR §3001 seeking relief annulling… Read More

Harvest Ridge Associates Inc. v. Nesheiwat Estates, Sup Ct, Dutchess County, 2005, Index No. 5964/04

The firm represented the Defendant in a contract dispute involving the intent of an agreement made by Harvest Ridge Associates, Inc. and Nesheiwat Estates, Inc… Read More

In the Matter of Boro Recycling, Inc., v. The New York City Department of Consumer Affairs, et al., Decision and Order dated April 8, 2011 (Sup Ct, Kings County 2011) (Kings Co. Index No. 22559-10)

The firm represented Boro Recycling, Inc. (“Boro”). For approximately 26 years, Boro had been providing services exclusively to “dealers” and “distributors” of beer and carbonated… Read More

In the Matter of Stratis Contracting Corp., v. Town of Lewisboro, et al., 78 AD3d 1188, 911 NYS2d 667 (2d Dept 2010)

In this case, the firm prevailed in having Stratis Contracting Corp.’s petition for an Article 78 proceeding denied. The firm represented the Town of Lewisboro… Read More

In the Matter of the Application of Ten Towns to Preserve Main Street, et al. v. The Planning Board of the Town of Northeast, et al., Sup Ct, Dutchess County, 2013, Index No. 3816/2013

The firm successfully defended New York real estate developer Southern Realty and Development, LLC (“Southern”) in a State Environmental Quality Review Act (“SEQRA”) challenge to… Read More

In the Matter of the Arbitration between Fishkill Property LLC, et al., AAA Index No. 15 183 Y 0017611, Award Dated November 7, 2011

Island Park, LLC v. CSX Transportation, Inc., 2007 WL 1851784 (ND NY 2007), reversed, 559 F3d 96 (2d Cir 2009)

As the State moves to set the stage for high speed rail service, the rights of property owners whose access rights are affected by the… Read More

Kent Acres Development Co., Ltd., v. City of New York, 41 AD3d 542 (2d Dept 2007)

The firm represented Lexington Realty Development Corp. and RFB, LLC in obtaining a judgment directing the Town of Kent to allow the Developers to participate… Read More

Macris v. Matta, 2012 NY Slip Op. 08701 (2d Dept. 2012)

The firm successfully defended an appeal made by landowners who sought $400,000 in property damages allegedly stemming from the acts of wild beavers on the… Read More

Macris v. Matta, Sup Ct, Putnam County, Index No. 1354-2011

The firm represented Defendant homeowners, in an action commenced by their downstream neighbors for property damages stemming from the alleged flooding of their property, blaming… Read More

Pyramid Walden Co. v. The Buffalo Unit, LLC, 48 AD3d 1089 (4th Dept 2008), affirming 2007 WL 7034890 (NY Sup 2007)

In this landlord-tenant case involving a shopping center lease, the appellate court affirmed the trial court’s award of summary judgment in the landlord’s favor. The… Read More

Village of Coxsackie v. Veolia Water North America – North East, LLC, Slip. Copy 2007, WL2667460 (ND NY 2007)

The firm represented the Village of Coxsackie (the “Village”) in a successful federal court action seeking to enforce a contract against a company hired to… Read More

Village of Delhi, et al. v. Town of Delhi, et al., 72 AD3d 1476 (3d Dept 2010)

The firm represented the Town of Delhi. The Village of Delhi commenced a combined CPLR article 78 and declaratory judgment proceeding against the Town of… Read More

Worcester Creameries Corp. v. City of New York, 54 AD3d 87 (3d Dept 2008)

The firm represented a Delaware County milk processing facility in its successful effort to compel New York City (the “City”) to pay for regulatory upgrades… Read More