Committed to early investigation and case assessment, Josh seeks to identify and capitalize on leverage points for early resolution where possible, while maximizing predictability for the client. Josh's practice is focused predominantly on commercial litigation, higher education matters, and tort defense.
As a commercial litigator, Josh has handled matters arising from breach of contract, business torts, construction disputes, and franchise disputes for public utilities and energy services companies, educational institutions, hospital systems, hotels and restaurants, and professional services firms. He also defends employers against claims of discrimination of all varieties, and in the last several years has successfully defended numerous colleges and universities in Title IX actions arising from alleged sexual misconduct. In his tort defense practice, Josh handles high-exposure claims for property damage, serious injury, and wrongful death, with a focus on representing utility companies following catastrophic natural gas and electric incidents.
- Obtained dismissal of “reverse Title IX” and breach of contract claims against university in NYS Article 78 proceeding and in federal court. B.B. v. The New School, Index No. 159161/17 (Sup. Ct. NY Cty., Sept. 26, 2018) and B.B. v. The New School, Civil Action No. 17-cv-8347 (AT), 2018 U.S. Dist. LEXIS 80068 (S.D.N.Y., April 30, 2018).
- Obtained dismissal on behalf of college of all significant claims in litigation brought by former student alleging disability discrimination, civil rights violations, false arrest claim, and numerous additional tort-based claims. Bied v. Cty. of Rensselaer, Civil Action No. 15-cv-1011 (TLM/DEP), 2018 U.S. Dist. LEXIS 55143 (N.D.N.Y., Mar. 30, 2018).
- Obtained dismissal of defamation action against medical center and fourteen individual members of its staff and administration asserted by a former medical staff member. Colantonio v. Mercy Medical Center, 135 AD3d 686 (2nd Dept.), lv. denied, 28 NY3d 903 (2016).
- Represented gas utility in defense of numerous actions for personal injury, property damage, and lost business revenue claims arising out of natural gas explosion damaging twenty residential properties.
- Obtained dismissal of all claims against utility arising from natural gas explosion destroying 40-unit apartment complex.
- Obtained summary judgment for breach of contract on behalf of electric utility against windfarm developer for failed interconnection project.
- Defending global water treatment systems company against claims for breach of contract and breach of performance warranty.
- University at Buffalo Law School, J.D., summa cum laude, 2010
– Buffalo Law Review, Executive Editor
- Hamilton College, B.A., magna cum laude, 2007
Admissions to Practice
- New York
- U.S. District Courts of New York (All Districts)
- U.S. Bankruptcy Court (Western District of New York)
- Federation of Defense & Corporate Counsel
– Co-Vice Chair, Energy Utilities Law Section
- New York State Bar Association
- Monroe County Bar Association
Presentations & PUBLICATIONS
- Selected to New York Super Lawyers® Rising Stars, 2014-2019
- The Daily Record, Up & Coming Attorney, 2017
- Campaign for Justice
– Cabinet Member