Civil Litigation
When clients come to us with a problem involving a dispute – whether it involves an aviation related matter, a real estate issue, a contract argument, an estate claim or any type of disagreement as to ownership of a business or money or property, we try to help resolve the question through communication with the other parties involved.
When a negotiated resolution is not possible we are ready to represent our client in administrative and judicial proceedings. We have extensive experience in all area civil courts, from local Town and City Courts to County and State Courts to the U.S. District Court. We represent both plaintiffs and defendants in civil litigation, as well as non-party witnesses who have been subpoenaed to testify.
Aviation Law
In the area of Aviation Law, we offer representation in the following type of matters:
- Certificate and civil penalty matters and accident and incident investigations involving pilots and other FAA certificate holders
- Leasing, purchasing, sales and registration of aircraft
- Formation of entities (LLCs and corporations) for aircraft ownership
- Aircraft insurance matters
- Aviation tax matters
- Prosecution and defense of civil actions arising out of aviation related accidents
- Private and public airport issues (FAA grants, regulatory issues, construction and lease matters)
- Commercial operations issues for aircraft operators and ground based operations including FBO’s.
Our aviation practice is national in scope. We work in the Western New York area both as local counsel for out of state law firms and directly as insurance defense counsel for aviation insurance carriers. We represent local and out of state clients, both U.S. and Canadian, in conjunction with local firms in the client’s home region. We hold membership in several national aviation bar associations.
Real Estate Law
In the area of real estate law, we offer representation to purchasers and sellers, lessors and lessees and lenders and borrowers in transactions involving both residential and commercial properties. We also represent parties in a variety of real-estate litigation matters, including landlord-tenant proceedings, title disputes, foreclosure actions and post-foreclosure proceedings, and housing court (code violation) proceedings. Our clients in the real-estate include local, out-of-state and foreign individuals, corporations, and financial institutions. Our practice is limited, however, to matters relating to real estate located in western New York.
Estate Law
Our estate law practice includes probate, estate planning, counseling and drafting of wills and trusts to provide protection for surviving family members and devolution of family businesses, and issues affecting aging or elderly family members. We offer litigation services in estate matters including the prosecution and defense of will challenges and ancillary issues. Our clients in this area include residents of the local area and out-of-state parties with financial or family interests in western New York.
Article 81 Guardianship Proceedings
Our practice offers assistance to family members seeking Article 81 and 17A guardianships over alleged incapacitated persons. Guardianships become necessary when a person becomes incapacitated to the point where he or she cannot handle his or her personal or financial needs. When an alleged incapacitated person does not have the proper advance directives in place (such as a Power of Attorney or Health Care Proxy), it may become necessary for the concerned party to petition the Supreme or Surrogate’s Court of the County in which the alleged incapacitated person (“AIP”) resides. Our practice assists family members in petitioning the proper Court for the necessary powers to assist the AIP.
For these types of proceedings, Alana Carr is also certified to be a Court Evaluator (an independent attorney who prepares a Report and recommendation to the Court) and a Court-appointed attorney for the alleged incapacitated person.
Tax Foreclosure and Surplus Monies
Our practice assists homeowners who face the loss of their properties due to tax foreclosure by City or County authorities. We can assist the homeowner in negotiating a payment plan in order to avoid foreclosure. In certain circumstances, we also assist homeowners who have lost his or her property in a tax auction by petitioning the County Court to rescind the sale of the property. We also assist clients in petitioning the Court for surplus monies resulting from mortgage and tax foreclosure sales.