Tony maintains a diverse civil litigation practice representing business entities and institutional clients. His complex commercial litigation experience includes matters involving contract disputes and allegations of business torts and unfair competition. Over the past several years, Tony has litigated dozens of cases involving equipment finance leases governed by the Uniform Commercial Code, and he has emerged as a leader in this field after having litigated and won matters of first impression.
Tony has successfully litigated claims arising from multi-party financing arrangements, contracts for the international manufacture of custom-designed goods, and commercial construction projects. He also has successfully handled disputes in connection with the Employee Retirement Income Security Act of 1974 (ERISA) and restrictive covenants in employee contracts.
Tony conducts internal investigations and defends medical providers against claims alleging improper treatment. He also conducts internal investigations and defends educational institutions in connection with allegations of discrimination and various general liability claims. In his product liability practice, Tony has defended manufacturers of surgical implants and contact lens solution, and he serves as national coordinating counsel managing a manufacturer’s defense against asbestos claims asserted in dozens of jurisdictions. He also has experience defending utilities against claims involving serious personal injuries and property damage arising from explosions, fires, and other accidents.
- Xerox Corp. v. JCTB Inc., 2018 U.S. Dist. LEXIS 188048, No. 6:18-cv-06154 (W.D.N.Y. Nov. 2, 2018)
Secured pre-discovery summary judgment enforcing “hell or high water” clause in manufacturer’s equipment finance lease, and obtained pre-answer dismissal of various counterclaims. In the case, the Court enforced a precedent Tony previously established, which held that a manufacturer can enforce an absolute and unconditional obligation to make lease payments.
- Prof’l Orthopedic Assocs., PA v. Excellus Blue Cross Blue Shield, 2015 U.S. Dist. LEXIS 91815, No 14-6950 (July 15, 2015)
Obtained summary judgment and dismissal of claims alleging ERISA violations by plan sponsor and fiduciary, which included allegations of improper denials of benefits and failure to provide plan documents.
- Picture People, Inc. v. Imaging Fin. Servs., 735 F. Supp. 2d 12 (S.D.N.Y. 2010)
Served as lead trial counsel and successfully defended manufacturer against claims alleging breach of contract and various business torts regarding collection of payments for consumable supplies via multi-party financing arrangement for commercial photography equipment.
- Rochester-Genesee Reg’l Transp. Auth. v. Cummins, Inc., 2010 U.S. Dist. LEXIS 75805, No. 09-cv-6370 (W.D.N.Y. July 28, 2010)
Obtained pre-answer dismissal of claims against bus manufacturer including allegations that it had breached the parties’ contract as well as express and implied warranties regarding the manufacture of 59 transit buses.
- D&M Concrete, Inc. v. Wegmans Food Mkts., Inc., 133 A.D.3d 1329 (4th Dep’t 2015), lv. Denied 27 N.Y.3d 901 (2016)
Obtained summary judgment and dismissal of all claims alleging breach of contract for nonpayment in contract regarding the concrete foundation for the new construction of a supermarket.
- May v. Ruby Tuesday, Inc., 2014 U.S. Dist. LEXIS 140090, No. 5:13-cv-170 (Oct. 2, 2014)
Obtained ruling precluding admissibility of plaintiff’s expert’s testimony, and thereby obtained summary judgment and dismissal of claims alleging improper design of restaurant parking lot and related claims, including failure to warn.