Philip G. Spellane
Member

Mr. Spellane is a member of the firm and co-chair of the Business and Commercial Litigation Practice Group.  He also practices in the Real Property Valuation Practice Group.  Selected as one of the Best Lawyers in America, Mr. Spellane focuses his legal practice on civil litigation, including commercial litigation, eminent domain proceedings, real property tax assessments, and professional malpractice defense.  His representative cases include:

• New York State Urban Development Corp. d/b/a Empire State Development Corp. (New York State Supreme Court;2009; Appellate Division, Fourth Department 2011): Ongoing representation of New York state agency in acquisition of land through eminent domain pursuant to state compact and lead counsel in ensuing valuation litigation.  Pursuant to a gaming compact entered into in 2002 between the State and the Seneca Nation, ESDC is obligated to assist the Seneca Nation in acquiring approximately 50 acres of land located in Niagara Falls. The compact provides that as ESDC acquires the individual parcels within these 50 acres, it will convey the property to the Seneca Nation. To date, all but approximately two acres of those 50 acres have been transferred to the Seneca Nation.
• Doe v. Diocese of Rochester (New York State Court of Appeals; 2009): Dismissal of complaint against Diocese arising from alleged fiduciary relationship between cleric and congregant.
• Rochester-Genesee Regional Transportation Authority v. Hynes-Cherin (U. S. District Court, Western District of New York; 2008): Successful challenge to FTA decision that “tripper service” regulations prohibit transportation of high school students via RGRTA buses.
• Apace Communications, Ltd. V. Cephas Capital Partners LLP, et. al. (U. S. District Court, Western District of New York; 2007): Dismissal of complaint alleging fraud and misrepresentation as means to induce investors.
• Rochester Community Individual Practice Association, Inc. v. Excellus Health Plan, Inc. (New York State Supreme Court; 2006): Defense of HMO in action by IPA alleging breach of capitation agreement.
• Carney v. Carozza et al. (New York State Supreme Court; 2005): Defense of dental partnership in action alleging breach of partnership agreement.
• Agency Development, Inc. v. MedAmerica Insurance Co. of New York (U. S. District Court of Appeals for the Second Circuit; 2005): Dismissal of complaint against long-term care insurer alleging breach of contract, business torts and antitrust violations.
• Hotaling v. Excellus Health Plan, Inc. (American Arbitration Association; 2006): Representation of HMO in claims involving calculation of earn-out following acquisition of risk management company.
• MedAmerica Insurance Co. v. U. S. Care, Inc. (American Arbitration Association; 2005): Recovery of judgment against subcontractor resulting from breach of contract and improper draw on line of credit.
• Eastman Kodak Company v. EMAX Solution Partners et al. (U. S. District Court, Western District of New York; 2004): Representation of Kodak in license infringement claim involving chemical tracking software.
• Harris Interactive, Inc. (U. S. District Court, Eastern District of New York; 2004): Defense of Harris Interactive, Inc. in action involving subsequent use of data in promotional material.