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Allison Fiut
D: (716) 200-5197  
afiut@harrisbeach.com
Linkedin

Allison B. Fiut

  Member

(716) 200-5197
  afiut@harrisbeach.com
Linkedin
“A mastery of civil and appellate procedure is essential to developing and implementing innovative solutions to oftentimes complex substantive legal issues. As a member of Harris Beach’s commercial litigation and appellate teams, I am focused on charting a course of action under that framework which is tailored to foster our clients’ diverse business objectives.”
Profile
Representative Matters
Professional and Civic
Areas of Experience
Admissions
Education
Location
Publications and Events

Allison is a civil litigator who focuses her practice on resolving a range of commercial disputes in New York state and federal courts and through alternative dispute resolution. She represents clients in business divorce, breach of contract, non-compete, and trade secret misappropriation matters; as well as shareholder, commercial lease, real estate title, environmental contamination, and tax disputes. Allison also handles CPLR Article 78 proceedings, including reviews under the New York State Environmental Quality Review Act (SEQRA). She has significant appellate litigation experience in New York state and federal appellate courts, having briefed and argued appeals on a wide range of issues.

Representative Matters

  • Counsel for national Greek yogurt manufacturer and its CEO, defending against derivative and other claims in Supreme Court, New York County.
  • Counsel for national oil and gas company in case involving numerous claims for breach of oil and gas leases, successfully resolving or securing dismissal on summary judgment of various plaintiffs’ claims.
  • Counsel for international oil company, defending against claims alleging liability under New York Navigation Law and common law for alleged petroleum contamination at commercial gas station.
  • Counsel for national commercial real estate management companies in commercial lease disputes.
  • Counsel for global pharmaceutical company in prosecution of commercial claims including breach of contract, breach of fiduciary duty, and misappropriation of trade secrets.
  • Independent counsel for international client in connection with corporate financial investigation. Conducted interviews across multiple states of employees at all levels of the company, analyzed paperwork, and designed criteria and queries to pull relevant data and to run analytics. Prepared numerous analytical investigatory reports for client.
  • Counsel to association of energy service companies (ESCOs) in hybrid declaratory judgment article 78 proceeding challenging New York Public Service Commission’s issuance of order adopting new rules. Obtained temporary restraining order staying enforcement of the PSC’s order.
  • Counsel to national liquor wholesaler in Article 78 proceeding challenging New York State Liquor Authority’s approval of off-premises liquor license. Obtained affirmance of the license from New York County Supreme Court.

Representative Appellate Matters
New York State Court:

  • Kimmel v. State of New York, 30 N.Y.3d 564 (2017): successfully argued for affirmance of determination that the Equal Access to Justice Act applied to a proceeding by a female state trooper’s claims under the Human Rights Law for sex discrimination during employment by a state agency, an issue of first impression in the State.  As a result, attorneys’ fees were recoverable to the former employee, as the prevailing party in a suit against the State for monetary damages.
  • Glazer v. Socata, S.A.S., 170 A.D.3d 1685 (4th Dep’t 2019): successfully defended appeal from an order in a wrongful death action which granted the motion to dismiss of a French manufacturer of aircraft components due to lack of personal jurisdiction. The Appellate Division agreed that the manufacturer’s “purposeful activity … of contracting with [a French airplane manufacturer] to provide a component to the manufacturing of a plane that happened to end up in New York …” does not subject the parts manufacturer to personal jurisdiction in New York under CPLR 301(a)(1).
  • Matter of Monroe County Federation of Social Workers, IUE-CWA Local 381 v Stander, 169 A.D.3d 1479 (4th Dep’t 2019): successfully defended original CPLR Article 78 proceeding seeking mandamus to compel Supreme Court Justice to render a judgment in an underlying special proceeding.
  • One Point St., Inc. v. City of Yonkers Indus. Dev. Agency, 170 A.D.3d 851 (2d Dep’t 2019): successfully defended proceeding commenced pursuant to Eminent Domain and Procedure Law 207, seeking to annul the determination of the City of Yonkers Industrial Development Agency, which found that it was necessary to acquire the petitioners’ vacant property by eminent domain.
  • Town of Marilla v. Travis, 151 A.D.3d 1588 (4th Dep’t 2017): successfully defended challenge to environmental review undertaken by Department of Environmental Conservation pursuant to New York State Environmental Quality Review Act for Part 360 Permit.
  • OneWest Bank, FSB v. Spencer, et al., 145 A.D.3d 1488 (4th Dep’t 2016): successfully obtained reversal of trial court reinstating causes of action for equitable mortgage and unjust enrichment.
  • In the Matter of Lundyn S., 144 A.D.3d 1511 (4th Dep’t 2016): successfully defended Family Court order denying grandmother’s petition seeking custody of grandchild that had been in the care of her foster family since infancy.  The Appellate Division found that any error by the child protection agency in failing to fulfill its statutory duty to locate the child’s relatives and inform them of the pendency of parental termination proceeding and of the opportunity for becoming foster parents or for seeking custody of the child was harmless.
  • Addonisio v. City of New York, 112 A.D.3d 554, 2013 WL 6850258 (1st Dep’t 2013): Successfully argued for affirmance of granting of summary judgment dismissing the Complaint alleging negligence on the ground that there was no duty to warn under the facts presented.
  • American Rock Salt, LLC v. Commissioner Taxation and Finance, 104 A.D.3d 12 (3d Dep’t 2012); Elmer W. Davis Inc. v. Commissioner Taxation and Finance, 104 A.D.3d 50 (3d Dep’t 2012): Successfully argued for exemption for rolling stock which was a part of an Industrial Development Agency project reversing the determination of the State Department of Taxation and Finance.

United States Court of Appeals, Second Circuit:

  • FLB, LLC v. Cellco Partnership, 2013 WL 5681754 (October 21, 2013): Successfully argued for affirmance of grant of summary judgment dismissing action for breach of contract, tortious interference and breach of covenant of good faith and fair dealing.

Professional and Civic

  • During law school, Allison clerked for the Hon. David E. Peebles, United States Magistrate Judge for the Northern District of New York.
  • New York State Bar Association, member
  • Erie County Bar Association, member
  • Our Lady of Mercy Mock Trial Team, former coach, co-coach
  • Monroe County Public Defender Office’s Pro Bono Appellate Program, volunteer counsel
  • Buffalo Say Yes to Education Legal Clinic, volunteer attorney

Recognition

  • Super Lawyers, Rising Star, Appellate Law, since 2017

Legal Practices

Appellate
Business and Commercial Litigation

Industry Teams

K-12 Education

Admissions

New York

U.S. Court of Appeals, Second Circuit

U.S. District Court, California - Eastern District

U.S. District Court, New York - Northern District

U.S. District Court, New York - Southern District

U.S. District Court, New York - Western District

Syracuse University College of Law

JD 
2011
magna cum laude

Boston University

BA 
2008
cum laude

Location

Buffalo, NY Office
Insights
March 27, 2020

Interpreting New York State’s Apparent Blanket Toll on Statutes of Limitation Due to COVID-19

Due to the existence of a state disaster emergency as a result of transmission of COVID-19, the Governor has tolled statutes of limitations
News
October 17, 2021

Allison B. Fiut Speaking at Syracuse Law Alumni Weekend

Alumni of the Syracuse University College of Law are returning to campus now through Saturday for Alumni Weekend – and partner Allison Fiut,
October 15, 2021

72 Attorneys from Harris Beach Recognized in 2021 Edition of Super Lawyers

Partners, senior counsel and associates from Harris Beach PLLC offices across New York have been named to the 2021 edition of Super Lawyers,
November 12, 2019

79 Attorneys from Harris Beach Named to 2019 Super Lawyers List

A total of 79 Harris Beach PLLC attorneys have been named to the 2019 edition of Super Lawyers, a peer-based rating service that recognizes
January 2, 2019

Harris Beach Elects Seven Attorneys as Partners in 2019

Attorneys Rachel C. Baranello, Christopher H. Feldman, Allison B. Fiut, Francis L. Gorman, III, Melanie C. Marotto, Omar Nasar and Danielle
Events
April 27, 2020

Harris Beach Holds COVID-19 Office Hours For Employers

To stay ahead of the latest pandemic developments, join our complimentary virtual office hours – flash sessions where Harris Beach attorneys
External Publications

New York Appellate Practice

All Insights, All Publications, Covid-19, Legal Alert |
 March 27, 2020
Interpreting New York State’s Apparent Blanket Toll on Statutes of Limitation Due to COVID-19
Due to the existence of a state disaster emergency as a result of transmission of COVID-19, the Governor has tolled statutes of limitations ...read more
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Allison B. Fiut

afiut@harrisbeach.com
D: (716) 200-5197
Buffalo, NY Office
Allison Fiut
https://www.harrisbeach.com/people/fiut-allison-b/

■ Areas of Expertise

Legal Practices

Appellate Legal Practice
Business and Commercial Litigation Legal Practice

Industry Teams

K-12 Education Industry Team

■ Profile

Allison is a civil litigator who focuses her practice on resolving a range of commercial disputes in New York state and federal courts and through alternative dispute resolution. She represents clients in business divorce, breach of contract, non-compete, and trade secret misappropriation matters; as well as shareholder, commercial lease, real estate title, environmental contamination, and tax disputes. Allison also handles CPLR Article 78 proceedings, including reviews under the New York State Environmental Quality Review Act (SEQRA). She has significant appellate litigation experience in New York state and federal appellate courts, having briefed and argued appeals on a wide range of issues.

■ Representative Matters

  • Counsel for national Greek yogurt manufacturer and its CEO, defending against derivative and other claims in Supreme Court, New York County.
  • Counsel for national oil and gas company in case involving numerous claims for breach of oil and gas leases, successfully resolving or securing dismissal on summary judgment of various plaintiffs’ claims.
  • Counsel for international oil company, defending against claims alleging liability under New York Navigation Law and common law for alleged petroleum contamination at commercial gas station.
  • Counsel for national commercial real estate management companies in commercial lease disputes.
  • Counsel for global pharmaceutical company in prosecution of commercial claims including breach of contract, breach of fiduciary duty, and misappropriation of trade secrets.
  • Independent counsel for international client in connection with corporate financial investigation. Conducted interviews across multiple states of employees at all levels of the company, analyzed paperwork, and designed criteria and queries to pull relevant data and to run analytics. Prepared numerous analytical investigatory reports for client.
  • Counsel to association of energy service companies (ESCOs) in hybrid declaratory judgment article 78 proceeding challenging New York Public Service Commission’s issuance of order adopting new rules. Obtained temporary restraining order staying enforcement of the PSC’s order.
  • Counsel to national liquor wholesaler in Article 78 proceeding challenging New York State Liquor Authority’s approval of off-premises liquor license. Obtained affirmance of the license from New York County Supreme Court.

Representative Appellate Matters
New York State Court:

  • Kimmel v. State of New York, 30 N.Y.3d 564 (2017): successfully argued for affirmance of determination that the Equal Access to Justice Act applied to a proceeding by a female state trooper’s claims under the Human Rights Law for sex discrimination during employment by a state agency, an issue of first impression in the State.  As a result, attorneys’ fees were recoverable to the former employee, as the prevailing party in a suit against the State for monetary damages.
  • Glazer v. Socata, S.A.S., 170 A.D.3d 1685 (4th Dep’t 2019): successfully defended appeal from an order in a wrongful death action which granted the motion to dismiss of a French manufacturer of aircraft components due to lack of personal jurisdiction. The Appellate Division agreed that the manufacturer’s “purposeful activity … of contracting with [a French airplane manufacturer] to provide a component to the manufacturing of a plane that happened to end up in New York …” does not subject the parts manufacturer to personal jurisdiction in New York under CPLR 301(a)(1).
  • Matter of Monroe County Federation of Social Workers, IUE-CWA Local 381 v Stander, 169 A.D.3d 1479 (4th Dep’t 2019): successfully defended original CPLR Article 78 proceeding seeking mandamus to compel Supreme Court Justice to render a judgment in an underlying special proceeding.
  • One Point St., Inc. v. City of Yonkers Indus. Dev. Agency, 170 A.D.3d 851 (2d Dep’t 2019): successfully defended proceeding commenced pursuant to Eminent Domain and Procedure Law 207, seeking to annul the determination of the City of Yonkers Industrial Development Agency, which found that it was necessary to acquire the petitioners’ vacant property by eminent domain.
  • Town of Marilla v. Travis, 151 A.D.3d 1588 (4th Dep’t 2017): successfully defended challenge to environmental review undertaken by Department of Environmental Conservation pursuant to New York State Environmental Quality Review Act for Part 360 Permit.
  • OneWest Bank, FSB v. Spencer, et al., 145 A.D.3d 1488 (4th Dep’t 2016): successfully obtained reversal of trial court reinstating causes of action for equitable mortgage and unjust enrichment.
  • In the Matter of Lundyn S., 144 A.D.3d 1511 (4th Dep’t 2016): successfully defended Family Court order denying grandmother’s petition seeking custody of grandchild that had been in the care of her foster family since infancy.  The Appellate Division found that any error by the child protection agency in failing to fulfill its statutory duty to locate the child’s relatives and inform them of the pendency of parental termination proceeding and of the opportunity for becoming foster parents or for seeking custody of the child was harmless.
  • Addonisio v. City of New York, 112 A.D.3d 554, 2013 WL 6850258 (1st Dep’t 2013): Successfully argued for affirmance of granting of summary judgment dismissing the Complaint alleging negligence on the ground that there was no duty to warn under the facts presented.
  • American Rock Salt, LLC v. Commissioner Taxation and Finance, 104 A.D.3d 12 (3d Dep’t 2012); Elmer W. Davis Inc. v. Commissioner Taxation and Finance, 104 A.D.3d 50 (3d Dep’t 2012): Successfully argued for exemption for rolling stock which was a part of an Industrial Development Agency project reversing the determination of the State Department of Taxation and Finance.

United States Court of Appeals, Second Circuit:

  • FLB, LLC v. Cellco Partnership, 2013 WL 5681754 (October 21, 2013): Successfully argued for affirmance of grant of summary judgment dismissing action for breach of contract, tortious interference and breach of covenant of good faith and fair dealing.

■ Professional and Civic

  • During law school, Allison clerked for the Hon. David E. Peebles, United States Magistrate Judge for the Northern District of New York.
  • New York State Bar Association, member
  • Erie County Bar Association, member
  • Our Lady of Mercy Mock Trial Team, former coach, co-coach
  • Monroe County Public Defender Office’s Pro Bono Appellate Program, volunteer counsel
  • Buffalo Say Yes to Education Legal Clinic, volunteer attorney

■ Admissions

  • Super Lawyers, Rising Star, Appellate Law, since 2017

■ Education

Syracuse University College of Law
 ,JD
 ,2011
 ,magna cum laude
Boston University
 ,BA
 ,2008
 ,cum laude

Harris Beach and its subsidiaries provide a full range of legal and professional services for clients across New York state, as well as nationally and internationally. Harris Beach is among the country’s top law firms as ranked by The National Law Journal and is among the BTI Elite law firms based on in-depth interviews of more than 600 corporate counsel at the world’s largest and most influential companies. Our clients include Fortune 100 corporations, privately-held companies, emerging businesses, public sector entities, not-for-profit organizations and individuals. Principal industries we represent include education, energy, financial, food and beverage, health care, insurance, manufacturing, medical and life sciences, real estate developers, and state and local governments and authorities.

Industry Teams
Automotive and Vehicle Dealerships
Blockchain and Digital Assets 
Cannabis
Construction and Surety
Educational Institutions Higher Ed
Educational Institutions K-12
EMS and Fire Protection Providers
Energy
Financial Institutions and Capital Markets
Food and Beverage
Health Care
Industrial and Consumer Manufacturing
Medical and Life Sciences
Municipalities and Local Agencies
Nanotechnology
Photonics
Racing and Gaming
Real Estate Developers
Science and Technology
Telecommunications and Media
Unmanned Aircraft Systems
USA Collegiate Sports
Veterinary Medicine

Practices
Alternative Dispute Resolution
Appellate
Business and Commercial Litigation
Collection Law
Commercial Real Estate
Corporate
Cybersecurity Protection and Response
Diversity Compliance
E-Discovery (e-infoSM)
Employee Benefits
Employment Litigation
Environmental Law
Environmental, Social and Governance (ESG)
Financial Restructuring, Bankruptcy and Creditors’ Rights
Government Compliance and Investigations
Health Law
Immigration Law
Insurance Coverage
Intellectual Property Law
International Trade Law
Internet Law
Labor and Employment Law
Mass Torts and Industry-Wide Litigation
New Markets Tax Credit
Patent, Trademark and Copyright Law
Product Liability and Comprehensive General Liability
Public Finance and Economic Development
Real Property Valuation Litigation
Residential Real Estate
Tax Law
White Collar Crime
Wills, Trusts and Estates

Consulting Services
HB Solutions LLC
Collegiate Sports Compliance
Data Privacy and Cybersecurity
Economic Development and Public Affairs
Educational Institution Assistance
EMRG® (E-Discovery Management Resources Group)
Energy
Health and Human Services
Human Resources
Information Technology
Marketing and Communication Services
Municipal and Local Agency Assistance

HB Cornerstone LLC
Owner Representation
Design Services
Facilities Consulting
Move Management

Caetra.io
CyMetric (Cybersecurity Regulation Compliance Software)

Offices throughout New York:

Albany
677 Broadway
Albany, NY 12207
518-427-9700

Buffalo
726 Exchange Street
Buffalo, NY 14210
716-200-5050

Ithaca
119 East Seneca Street
Ithaca, NY 14850
607-273-6444

Long Island
333 Earle Ovington Boulevard
Uniondale, NY 11553
516-880-8484

New York City
100 Wall Street
New York, NY 10005
212-687-0100

Rochester
99 Garnsey Road
Pittsford, NY 14534
585-419-8800

Saratoga Springs
513 Broadway
Saratoga Springs, NY 12866
518-587-0551

Syracuse
333 West Washington Street
Syracuse, NY 13202
315-423-7100

White Plains
445 Hamilton Avenue
White Plains, NY 10601
914-683-1200

Offices also in:

New Haven, CT
195 Church Street
New Haven, CT 06510
203-784-3159

Newark, NJ
One Gateway Center
Newark, NJ 07102
973-848-1244

Washington, DC
800-685-1429

Attorney Advertising. Prior results do not guarantee a similar outcome.
© 2022 Harris Beach PLLC

Content current as of March 27, 2023 4:52 pm
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