Effective representation for municipalities, Businesses and individuals

SCHOPF LAW, PLLC

Attorney in Clifton Park Center, New York. Conveniently located off Exit 9 of the Northway. Friendly and approachable.

Real World Results From An Experienced Attorney With The Value of Real Courtroom Experience 




Although prior results do not guarantee a similar outcome, here is a summary of some of the different types of litigation matters which I have handled over the years. Click HERE for information on other types of matters I handle. Click HERE to learn a little bit more about me.

Undisclosed Plaintiff v. Undisclosed Defendant
Practice Area: Personal injury
Date resolved: March, 2014
Outcome: $72,500 settlement for plaintiff.
Description: Settlement obtained for client who was injured with a fractured neck in a rear end motor vehicle collision.

Plaintiff Dog Owner v. Defendant Dog Owner
Practice area: Animal Law/ Litigation
Date Resolved: March, 2014
Outcome: Successful settlement
Description: Litigation resulting from a dog attack by a neighbor’s dog upon the client’s own dog. Client’s dog required $19,000 in veterinary care and eventually dies from its wounds. Litigation was brought following a town dangerous dog proceeding where the client was awarded a $15,000 judgment. As a result of the litigation a $20,000 settlement was reached in favor of the victim.

Undisclosed Plaintiff v. Undisclosed Defendant
Practice Area: Personal injury
Date resolved: December, 2013
Outcome: $40,000 settlement for plaintiff.
Description: Settlement obtained for client who was injured with in a rear end motor vehicle collision.

Undisclosed Plaintiff v. Undisclosed Defendants
Practice Area: Litigation
Date resolved: December, 2013
Outcome: 100% recovery for plaintiff - settlement
Description: Settlement obtained for client, a Chinese national, who had placed an order for a high end luxury automobile from a business in the United States. Subsequent to the transfer of funds to purchase the car, the client learned that he had been defrauded of his money. Due to civil litigation and a plea agreement in a subsequent criminal prosecution the plaintiff was able to recover approximately $63,000 that had been wrongfully converted by the defendants.

 Dog Owner v. Veterinarian Hospital
Practice area: Animal Law – Veterinary Malpractice
Date Resolved: January 2014
Outcome: Successful settlement
Description: $10,200 Settlement achieved for client for out-of-pocket loss and future medical expenses due to allegations of veterinary malpractice.

Goodhue Wilton Properties, LLC v. Town of Wilton
Practice area: Tax Certiorari Defense
Date Resolved:
Outcome: Verdict for town
Description: Tax assessment challenge to a 29 lot subdivision that was approved for development, but as yet unimproved with homes. Petitioner claimed that the property should be valued in the aggregate and not by the individual lot, despite the fact that the lots had been subdivided and assigned their own individual tax id numbers. After trial, the court held that the proper measure of value was by the individual lot, not by the aggregate.

Calvary Grace Church v. City of Cohoes
Practice area: Tax Certiorari - Defense
Date Resolved: 2013
Outcome: Summary Judgment granted in favor of municipality
Description: Petitioner alleged that it was exempt from payment of taxes due to a religious exemption under §420-a of the Real Property Tax Law. The petitioner failed to file its property tax grievance timely and as such, its case was dismissed upon motion for that tax year.

People v. Joseph Marriott
Practice area: Animal Law – Litigation – Security Bond
Date Resolved: January, 2013
Description: In a highly publicized case that began when the New York State Police seized 51 pit bull mix breed dogs from a barn in January, 2013 in rural Montgomery County and charged the owners with animal cruelty charges. The dogs were housed with a local animal rescue organization, Out of the Pits, Inc. (client) that was acting as an “impounding organization” under §371 of the Agriculture and Markets Law while the criminal case proceeded against the defendants. Out of the Pits brought a proceeding against the defendants for the expenses of kenneling and care of the animals. After a contentious six hour trial involving testimony from the NYSP, veterinarians and witnesses, the defendants voluntarily surrendered the bulk of the animals and were ordered to provide a security bond as to the remainder. When the security was not posted within the time provided by law, the dogs were forfeited to Out of the Pits and were all placed in new homes.

Town of Bethlehem v. Dog Owner
Practice area: Animal Law – Dangerous Dog
Date Resolved: December, 2013
Outcome: Stipulated disposition       
Description: Dog owner was facing second “dangerous dog” charge. Due to the nature of the case we were successfully able to negotiate a disposition whereby the owner was permitted to keep his dog, with certain stipulations.

Maetreum of Cybele Magna Matter, Inc. v. Town of Catskill.
Practice area: Tax Certiorari Defense – Religious Exemption
Date Resolved:
Outcome: Trial verdict for the defense
Description: The matter has recently been granted leave to appeal by the Court of Appeals and is expected to be argued and decided in 2014.

Kennel v. Defendant Dog Owner
Practice area: Animal Law - Litigation
Date Resolved: 2013
Outcome: Verdict in favor of plaintiff kennel
Description: Kennel sued defendant for unpaid kenneling costs for abandoned dog. Kennel was successful in recovering costs after a trial in City Court.

Undisclosed Plaintiff v. Undisclosed Defendant
Practice area: Federal  Litigation
Date Resolved: 2010
Outcome: Full value settlement
Description: Suit in Federal Court to recover in breach of contract for institutional capital management software that failed to perform the functions that it was designed for. The litigation was able to be settled for the full value paid for the software (approximately $55,000).

Town of Cambridge, NY v. Undisclosed Respondent
Practice area: Animal Law – Dangerous Dog
Date Resolved: June 11, 2012
Outcome: Verdict in favor of the dog owner after trial
Description: Town brought an Agriculture and Markets §123 proceeding against a local farmer/ dog owner whose herding dogs were alleged to have chased the neighbor’s children. After a four hour trial, the Judge issued a written decision determining that the Town had not met their burden of proof, that the witnesses could not accurately identify the owner’s dogs and that the owner’s dogs were not dangerous.

Town of Greenfield, NY v. Undisclosed Respondent
Practice area: Animal Law – Dangerous Dog
Date Resolved: September, 2012
Outcome: Stipulated disposition       
Description: Agriculture and Markets §123 proceeding and various violations of Town Code brought against defendant dog owner from allegations of a dog on dog attack resulting in an alleged $8,700 worth of medical treatment to complainant’s dog. The proceeding was able to be resolved where the dog owner/ client was allowed to keep her animals subject to certain provisions and we were successful in getting the client’s insurance company to provide coverage for the medical bills.

Town of East Greenbush, NY v. Undisclosed Respondent
Practice area: Animal Law – Dangerous Dog
Date Resolved: December 2013
Outcome: Stipulated disposition
Description: Owner of dog that has been in court on multiple occasions for violation of the Town Code as relating to “dangerous dogs” due to allegations of her dog attacking a neighbor’s dog. Due to defects in proof and deficiencies in the local law, charges against dog owner were conditionally dismissed and the owner pleaded guilty to a local infraction carrying a $50 mere fine.

Joseph McInerney v. Rensselaer Polytechnic Institute

Practice area: Litigation – Americans with Disabilities Act
Date Resolved: 2013
Outcome: Trial verdict for defense
Description: Published cases relating to this action can be found at:
http://psgglaw.com/news/pattison-sampson-wins-discrimination-trial/#.Uz3IFvlSY30
and
http://scholar.google.com/scholar_case?case=10860227458114706821&hl=en&as_sdt=6&as_vis=1&oi=scholarr

City of Albany v. Undisclosed Respondent
Practice area: Animal Law – Dangerous Dog
Date Resolved: 2013
Outcome: Guilty plea reversed upon motion.
Description: In this case, I was not retained until after a guilty plea to “Vicious Dog” had been entered into by the defendant and approved by the court. Due to negotiations with the city attorney and motion practice the guilty plea was able to be vacated and the defendant’s fine refunded, she was able to keep her dog and avoid euthanization.

City of Albany v. Undisclosed Respondent
Practice area: Animal Law – Dangerous Dog
Date Resolved: 2013
Outcome: Charges dismissed
Description: Allegations that Owner’s dog went beyond invisible fence and barked and intimidated complainant. Upon the initial appearance in court, the charges were dismissed on an ACOD.

Town of Bethlehem, NY v. Undisclosed Respondent
Practice area: Animal Law – Dangerous Dog
Date Resolved: 2012
Outcome: Charges dismissed
Description: Dangerous dog proceeding brought against client, due to defects in the Town’s proof a settlement was reached where the charges against the client were dismissed.

Town of Bethlehem v. Undisclosed Respondent
Practice area: Animal Law – Dangerous Dog
Date Resolved: September, 2012
Outcome: Stipulated disposition, charges dismissed
Description: Agriculture and Markets §123 proceeding and various violations of Town Code brought against defendant dog owner from allegations of a dog on dog attack resulting in an alleged $600 worth of medical treatment to complainant’s dog. Settlement was reached whereby the client’s liability for restitution was capped at $400 and the charges were dismissed.

Town of Waterford, NY v. Undisclosed Respondent
Practice area: Animal Law – Dangerous Dog
Date Resolved: August, 2013
Outcome: Stipulated disposition – Charges dismissed          
Description: Dog owner charged with violations of local law and Agriculture and Markets §123 for alleged dog bite. Due to difficulties in proof the town reduced the charges to a “Dog at Large” and dismissed the remaining charges.

Undisclosed Plaintiff v. Undisclosed Defendant
Practice Area: Litigation
Outcome: Verdict of no liability.
Description: Verdict after trial of no liability in defense of a contractor who had allegedly improperly performed an installation of a concrete floor and was accused of damaging the plaintiff's property and causing improper installation of a floor.

Home Owner v. Home Owner, Contractor and City
Practice area: Litigation
Date Resolved: 2013
Outcome: Settlement in favor of defendant client
Description: Property owner sued neighbor for allegedly encroaching on his property when client (contractor) installed a sewer pipe as part of a townwide sewer connection program. Due to failures in proof, the litigation was settled for $0 liability on part of the defendants with their agreement that they relocate the sewer pipe.

Undisclosed Plaintiff v. Defendant Home Owners Association
Practice area: Personal Injury
Outcome: $55,000 settlement for client who slipped and fell injuring his knee while in the parking lot of his apartment complex.

Undisclosed Plaintiff v. Undisclosed Defendant
Practice area: Corporate Law/ Litigation
Outcome: Successful settlement reached in favor of client. Part owner of corporation brought a Business Corporation Law §1104-a to dissolve a family business due to an internal disagreement. The litigation was eventually able to be resolved via a pre-trial settlement which prevented dissolution of corporation.

Plaintiff Management Company v. Defendant Contractor
Practice area: Litigation
Outcome: Default judgment obtained for defects in construction work performed at residence.

Tollison v. City of Troy, et. al., 2010 WL 4111594 (NY Sup 8/5/2010)
Case Conclusion Date: August 2, 2010
Practice Area: Car / Auto Accident
Outcome: No liability for City of Troy (client)
Description: Accident between a City street sweeper and CDTA bus. Passenger on bus sued both the City and CDTA. After a four day trial in NY state Supreme Court the jury verdict determined no liability for either City or CDTA.

Undisclosed School District v. Undisclosed Employee
Practice Area: Employment litigation
Outcome: Settlement after one day of trial in favor of client
Description: School district attempted termination of employee who was accused of inappropriate computer usage. After the first day of trial a successful monetary settlement was reached in favor of the employee.

Undisclosed plaintiff v. Undisclosed defendant
Contracts Law/ Sale of Vehicle
Date resolved: March 4, 2009
Outcome: After trial a judge issued a verdict of no liability for defendant in breach of contract action. Dispute between parties to a contract regarding an interstate sale of an antique car.

Undisclosed plaintiff v. Undisclosed Defendant
Practice Area: Litigation 
Date Resolved: October 1, 2008
Outcome: Settlement of claimed constructive trust
Description: Plaintiff/ tenant/ parents sued under a claim that a deeded property transfer to Defendant/ landlord/ child was invalid and/ or constituted a constructive trust under New York law. Case ultimately settled prior to trial favorably.

Undisclosed Plaintiff v. Undisclosed Defendant
Practice Area: Employment / Labor
Date Resolved: June 11, 2008
Outcome: Successful settlement in favor of plaintiff
Description: Litigation brought by plaintiff under New York State Human Rights law claiming discrimination based upon disability after defendant employer terminated plaintiff's job position one day after plaintiff informed employer of a doctor ordered leave of absence for recovery from an emergency surgery. Settlement for plaintiff in the sum of $60,000 for lost wages and incidental damages.

City of Albany v. Trinity United Methodist Church, 831 NYS2d 358 (NY City Ct. 12/20/06)
Practice Area: Constitutional
Outcome: Code violation charge for church nightclub
Description: Representation of defendant church's youth musical group and priest accused of running a nightclub in violation of a city ordinance. Motion to dismiss the case on Constitutional 1st Amendment grounds denied in City Court. Subsequently the case was litigated in Federal Court by co-counsel and was ultimately settled after a motion hearing which raised the defenses that were argued and asserted in the City Court action.

Undisclosed Plaintiff v. Undisclosed Defendant
Case Conclusion Date: March 1, 2007
Practice Area: Litigation
Outcome: Verdict of no liability.
Description: Verdict after trial of no liability in defense of a contractor who had allegedly improperly performed an installation of a concrete driveway and was accused of damaging the plaintiff's property.

Undisclosed Plaintiff v. Undisclosed Defendant
Case Conclusion Date: October 1, 2006
Practice Area: Litigation
Outcome: Summary judgment granted for plaintiff.
Description: Dispute between plaintiff and defendant Home Owner's Association over meaning and interpretation of restrictive covenants in offering plan and by-laws and the impact of such on plaintiff's landscaping. Summary judgment was granted upon motion by the plaintiff allowing his landscaping to remain in place without prior approval by defendant.

Undisclosed Plaintiff v, Undisclosed Defendant
Outcome: Verdict in favor of landlord/ plaintiff
Description: Suit by landlord for damages to residence resulting from tenant's failure to maintain heating in the rented home. After a bench trial, judgment awarded in favor of the plaintiff / landlord.

Undisclosed Plaintiff v. Undisclosed Defendant
Practice Area: Litigation
Outcome: Verdict in favor of plaintiff contractor
Description: Suit by prime contractor against sub-contractor to recoup monies expended in correcting defective work performed by sub-contractor in construction of new residence. After a bench trial, judgment was rendered in favor of the plaintiff

Brumley v. Eastern Mutual Insurance Co., et. al.
Practice Area: Insurance Litigation
Outcome: Successful Summary Judgment motion.
Description: Plaintiff tattoo and piercing business sued defendant insurance company over coverage dispute surrounding theft of stainless steel body piercing supplies. Insurance company disclaimed coverage based upon a jewelry exclusion in policy. Plaintiff was successful upon a summary judgment filing in which the court found that as a matter of law stainless steel body piercings were not jewelry and as such not covered by the exclusion. Case set for trial on damages and ultimately settled in favor of plaintiff.


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