Allison B. Fiut

Member

“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.”

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

Member of:

Appellate

Business and Commercial Litigation

Industry Teams

Member of:

K-12 Education

Syracuse University College of Law

2011

magna cum laude

Boston University

2008

cum laude

March 27, 2020

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Allison B. Fiut

Member

Representative Matters

Professional and Civic

Recognition

Legal Practices

Member of:

Industry Teams

Member of:

Admissions

Syracuse University College of Law

Boston University

Location

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

Allison B. Fiut Speaking at Syracuse Law Alumni Weekend

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

79 Attorneys from Harris Beach Named to 2019 Super Lawyers List

Harris Beach Elects Seven Attorneys as Partners in 2019

Harris Beach Holds COVID-19 Office Hours For Employers

New York Appellate Practice

Allison B. Fiut

■ Areas of Expertise

Legal Practices

Member of:

Legal Practices

Industry Teams

Member of:

Industry Teams

■ Profile

■ Representative Matters

■ Professional and Civic

■ Admissions

■ Education

Offices throughout New York:

Allison B. Fiut

Member

Syracuse University College of Law

Boston University

Allison B. Fiut

■ Areas of Expertise

Legal Practices

Member of:

Legal Practices

Industry Teams

Member of:

Industry Teams

■ Profile

■ Representative Matters

■ Professional and Civic

■ Admissions

■ Education

Offices throughout New York:

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