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Julian Modesti
D: (315) 214-2004  
jmodesti@harrisbeach.com

Julian B. Modesti

  Member

Legal Teams Leader -  
Alternative Dispute Resolution
(315) 214-2004
  jmodesti@harrisbeach.com
“A true sense of perspective is critical in legal interactions – whether at trial, on appeal or in mediations and negotiations. Beyond knowledge of the law and procedure, I thoroughly analyze the players and circumstances and put myself in my clients’ shoes in order to best represent them.”
Profile
Representative Matters
Professional and Civic
Areas of Experience
Admissions
Education
Location
Publications and Events

Julian’s commercial litigation practice encompasses shareholder/partner disputes, leases, land-use matters, finance agreements, unfair competition, trade secrets, and business torts.  He represents major financial institutions in complex and high-value litigation matters.  Julian is the firm’s principal litigator for trust and estate disputes in Surrogate courts.  He handles appeals in both state and federal courts on a wide variety of civil law issues.  Attorneys often retain Julian to arbitrate or mediate cases involving commercial disputes, personal injury, property damage, aviation claims, construction disputes, professional malpractice, and employment conflicts.

Julian represents attorneys in disciplinary proceedings and frequently lectures on litigation and legal ethics.  He is Chair of the Onondaga County Bar Association’s Attorney Grievance Committee, which investigates attorney grievances assigned by the New York State Attorney Grievance Committee, Fifth Judicial District.

In 2011, Julian presented “Negotiation Fundamentals in Implementing a Counterinsurgency Strategy” to US Army officers with the 3rd Brigade Combat Team (Spartans), 10th Mountain Division, Fort Drum, prior to their deployment to Afghanistan, Kandahar Province, under their Commander, (now) Brigadier General Patrick D. Frank.

Representative Matters

  • Wac, Inc. v. Weaver Machine & Tool Co., Inc., 164 A.D.3d 1610 (4th Dep’t 2018) (action to enforce promissory note)
  • Feldmeier v. Feldmeier Equipment, Inc., 164 A.D.3d 1093 (4th Dep’t 2018) (action based on shareholder oppression and common law dissolution)
  • American Honda Finance Corp. v. V.M. Paolozzi Imports, Inc., 2015 U.S. Dist. Lexis 161422; 2013 U.S. Dist. Lexis 41842; 2012 U.S. Dist. Lexis 125150; 2010 U.S. Dist. Lexis 28767 (action to secure and execute upon a $3.6 million judgment based upon breach of floor plan financing agreement)
  • Matter of Lewis, 158 A.D.3d 1247 (4th Dep’t 2018); 25 N.Y.3d 456 (2015); 114 A.D.3d 203 (4th Dep’t 2014) (proceeding to probate will)
  • Wells v. Hurlburt Road Co., LLC, 145 A.D.3d 1486 (4th Dep’t 2016) (action against trustee for breach of fiduciary duty)
  • Smith v. Stephens Media Group-Watertown, LLC, 125 A.D.3d 1370 (4th Dep’t 2015) (action for zoning violation)
  • Matter of Eisenhauer v. County of Jefferson, 122 A.D.3d 1312 (4th Dep’t 2014) (eminent domain proceeding related to the County of Jefferson’s airport expansion)
  • A. Cappione, Inc. v. Cappione, 119 A.D.3d 1121 (3rd Dep’t 2014) (action disposing of shareholder’s shares in closely-held corporation)
  • Matter of Lazy Acres Park, LLC v. Ferretti, 118 A.D.3d 1406 (4th Dep’t 2014) (action for breach of lease)
  • East2West Construction Co., LLC v. The First Republic Corp. of America, 115 A.D.3d 1206 (4th Dep’t 2014) (action for claims related to construction of hotel)

Arbitration, Mediation and Early Neutral Evaluation

  • Mediator, NYCSPREP, Inc. v. Harlem Properties, Inc., Supreme Court, County of New York, Commercial Part (Index No. 0651300/2019) (action based on breach of commercial lease)
  • Mediator, Eastgate Whitehouse LLC et al. v. Support Parking LLC et al., Supreme Court, County of New York (Index No. 651154/2019) (action based on breach of commercial lease)
  • Mediator, Cortland Line Holdings, LLC et al., v. Lieverst, United States District Court, Northern District of New York (Civil Action No. 5:180-cv-003070 (TJM/ML) (action based on breach on non-competition agreement and unfair competition)
  • Mediator, Larchmont Realty LLC et al. v. Carpenito, Supreme Court, County of Westchester (Index No. 52521/2014) (action under New York State Navigation Law for cost recovery based on petroleum contamination of soil and groundwater)
  • Mediator, Plonisch v. Notre Dame Jr./Sr. High School, United States District Court, Northern District of New York (Civil Action No. 16-cv-00215 (BKS/ATB)) (action based on wrongful termination and discrimination)
  • Mediator, Nick’s Garage, Inc. v. Progressive Casualty Insurance Company et al., United States District Court, Northern District of New York (Civil Action No. 5:12-cv-777 (MAD/DEP)) (action against insurance company for breach of contract and claim under General Business Law section 349)
  • Mediator, Barnes d/b/a Mental Health Counseling Services of Northern NY PLLC v. Seacomm Federal Credit Union et al., Supreme Court, County of St. Lawrence (Index No. 147917) (action against credit union for payment of forged checks)
  • Mediator, Dieffenbacher v. Syracuse University, United States District Court, Northern District of New York, (Civil Action No. 5:16-cv-00508 (DNH/DEP)) (action for employment discrimination based on disability)
  • Court Appointed, Special Mediation Counsel to a Pro Se Litigant, Macera et al v. Village Board of Ilion et al., United States District Court, Northern District of New York, (Civil Action No. 6:16-cv-00668 (LEK/TWD)) (action based on deprivation of constitutional rights)

Professional and Civic

  • New York State Bar Association, Dispute Resolution Section, member
  • New York State Bar Association, Trial Lawyers Section, member
  • United State District Court for the Northern District of New York, approved arbitrator, mediator and early neutral evaluator
  • New York State, Supreme Court, County of New York, approved mediator
  • New York State, Fourth Judicial District, approved mediator
  • New York State, Fifth Judicial District, approved mediator
  • New York State Bar Association, Commercial & Federal Litigation Section, member
  • Onondaga County Bar Association
    • Attorney Grievance Committee, chair
    • Judiciary Committee, member
    • Volunteer Lawyer Project, Landlord/Tenant Court, volunteer counsel
    • Attorney-Client Fee Dispute Resolution Program, volunteer arbitrator
    • Onondaga County Bar Foundation’s “Legal Help for Lawyers” Panel, member
  • Catholic Charities of Onondaga County, Board of Directors, member and vice president

Recognition

  • Best Lawyers, Commercial Litigation, since 2021
  • Super Lawyers, Business Litigation, Appellate, Alternative Dispute Resolution, 2009 – present
  • Fellow, Trial Lawyer Honorary Society, Litigation Counsel of America, 2014-present

Legal Practices

Alternative Dispute Resolution
Appellate
Business and Commercial Litigation
Wills, Trusts and Estates

Industry Teams

Financial Institutions and Capital Markets

Sectors

Compliance and Litigation For Financial Institutions

Admissions

New York

U.S. Court of Appeals, Second Circuit

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

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

U.S. Supreme Court

Vermont Law School

JD 
1994

Vermont Law School

MSL 
1994
magna cum laude

St. Lawrence University

BA 
1989

Location

Syracuse, NY Office
Insights
May 4, 2022

Welcome to our Wills, Trusts and Estates Blog

Welcome to the Harris Beach Wills, Trusts and Estates blog! Our team of trusted attorneys will use this blog to share vital information abou
News
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,
May 4, 2021

Meaghan Feenan and Julian Modesti Featured in NYSBA Trusts & Estates Law Section Journal

Attorneys Meaghan Feenan and Julian Modesti co-authored a piece featured in the latest edition of the New York State Bar Association Trusts
February 19, 2021

The Tricky Evidentiary Challenges in Estate Litigation

The contentious nature of trusts and estates litigation often results in complex evidentiary challenges. Surrogate’s Courts must hear intere
February 18, 2021

Judge Dismisses Fiduciary Duty and Breach of Trust Claims in Estate Litigation

A State Supreme Court Justice in Watertown has dismissed the material causes of action against our client in a estate-related dispute. The c
January 28, 2021

Meaghan Feenan and Julian Modesti Author Trusts and Estates Litigation Article for New York Law Journal

In this authored piece for New York Law Journal, Harris Beach Wills, Trusts and Estates attorneys Meaghan Feenan and Julian Modesti address
April 16, 2020

Julian Modesti Addresses on Civil Court Video-conferencing

The social distancing rules put in place in response to the public health emergency limited civil litigation to only “essential matters.” Th
April 6, 2020

Civil Litigators Adapting to Changes from COVID-19

The civil courts have had to curtail certain activities due to the COVID-19 pandemic. In response, partner Julian Modesti of the Harris Beac
January 2, 2020

Harris Beach Elects Six New Partners

Attorneys Michael Condon, Emily Crowley, Michael Curti, Kelly Foss, Julian Modesti and Marina Plotkin have been elected partners of Harris
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
June 24, 2019

Harris Beach Attorney to Lead Catholic Charities Board

Julian B. Modesti, Senior Counsel in the Syracuse office of Harris Beach PLLC, has been elected as president of the Board of Directors of Ca
Events
External Publications

Lecturer: Professional Ethics Series 2018: The Life Cycle of a Law Practice (Onondaga County Bar Association)

Lecturer: Introductory Lessons on Ethics and Civility (New York State Bar Association)

Lecturer: The Disciplined Deposition: Tips for Taking a Deposition in a Federal Court Proceeding (Northern District of New York Federal Court Bar Association)

Lecturer: Advice from the Experts: Successful Strategies for Winning Commercial Cases in New York State Courts (Robert L. Haig, Esq., Chair, Onondaga County Bar Association)

Lecturer: New York Appellate Practice (New York State Bar Association)

All Blogs, All Insights, Wills, Trusts & Estates Blog |
 May 4, 2022
Welcome to our Wills, Trusts and Estates Blog
Welcome to the Harris Beach Wills, Trusts and Estates blog! Our team of trusted attorneys will use this blog to share vital information abou...read more
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Julian B. Modesti

jmodesti@harrisbeach.com
D: (315) 214-2004
Syracuse, NY Office
Julian Modesti
https://www.harrisbeach.com/people/modesti-julian-b/

■ Areas of Expertise

Legal Practices

Alternative Dispute Resolution Legal Practice
Appellate Legal Practice
Business and Commercial Litigation Legal Practice
Wills, Trusts and Estates Legal Practice

Industry Teams

Financial Institutions and Capital Markets Industry Team

Sectors

Compliance and Litigation For Financial Institutions

■ Profile

Julian’s commercial litigation practice encompasses shareholder/partner disputes, leases, land-use matters, finance agreements, unfair competition, trade secrets, and business torts.  He represents major financial institutions in complex and high-value litigation matters.  Julian is the firm’s principal litigator for trust and estate disputes in Surrogate courts.  He handles appeals in both state and federal courts on a wide variety of civil law issues.  Attorneys often retain Julian to arbitrate or mediate cases involving commercial disputes, personal injury, property damage, aviation claims, construction disputes, professional malpractice, and employment conflicts.

Julian represents attorneys in disciplinary proceedings and frequently lectures on litigation and legal ethics.  He is Chair of the Onondaga County Bar Association’s Attorney Grievance Committee, which investigates attorney grievances assigned by the New York State Attorney Grievance Committee, Fifth Judicial District.

In 2011, Julian presented “Negotiation Fundamentals in Implementing a Counterinsurgency Strategy” to US Army officers with the 3rd Brigade Combat Team (Spartans), 10th Mountain Division, Fort Drum, prior to their deployment to Afghanistan, Kandahar Province, under their Commander, (now) Brigadier General Patrick D. Frank.

■ Representative Matters

  • Wac, Inc. v. Weaver Machine & Tool Co., Inc., 164 A.D.3d 1610 (4th Dep’t 2018) (action to enforce promissory note)
  • Feldmeier v. Feldmeier Equipment, Inc., 164 A.D.3d 1093 (4th Dep’t 2018) (action based on shareholder oppression and common law dissolution)
  • American Honda Finance Corp. v. V.M. Paolozzi Imports, Inc., 2015 U.S. Dist. Lexis 161422; 2013 U.S. Dist. Lexis 41842; 2012 U.S. Dist. Lexis 125150; 2010 U.S. Dist. Lexis 28767 (action to secure and execute upon a $3.6 million judgment based upon breach of floor plan financing agreement)
  • Matter of Lewis, 158 A.D.3d 1247 (4th Dep’t 2018); 25 N.Y.3d 456 (2015); 114 A.D.3d 203 (4th Dep’t 2014) (proceeding to probate will)
  • Wells v. Hurlburt Road Co., LLC, 145 A.D.3d 1486 (4th Dep’t 2016) (action against trustee for breach of fiduciary duty)
  • Smith v. Stephens Media Group-Watertown, LLC, 125 A.D.3d 1370 (4th Dep’t 2015) (action for zoning violation)
  • Matter of Eisenhauer v. County of Jefferson, 122 A.D.3d 1312 (4th Dep’t 2014) (eminent domain proceeding related to the County of Jefferson’s airport expansion)
  • A. Cappione, Inc. v. Cappione, 119 A.D.3d 1121 (3rd Dep’t 2014) (action disposing of shareholder’s shares in closely-held corporation)
  • Matter of Lazy Acres Park, LLC v. Ferretti, 118 A.D.3d 1406 (4th Dep’t 2014) (action for breach of lease)
  • East2West Construction Co., LLC v. The First Republic Corp. of America, 115 A.D.3d 1206 (4th Dep’t 2014) (action for claims related to construction of hotel)

Arbitration, Mediation and Early Neutral Evaluation

  • Mediator, NYCSPREP, Inc. v. Harlem Properties, Inc., Supreme Court, County of New York, Commercial Part (Index No. 0651300/2019) (action based on breach of commercial lease)
  • Mediator, Eastgate Whitehouse LLC et al. v. Support Parking LLC et al., Supreme Court, County of New York (Index No. 651154/2019) (action based on breach of commercial lease)
  • Mediator, Cortland Line Holdings, LLC et al., v. Lieverst, United States District Court, Northern District of New York (Civil Action No. 5:180-cv-003070 (TJM/ML) (action based on breach on non-competition agreement and unfair competition)
  • Mediator, Larchmont Realty LLC et al. v. Carpenito, Supreme Court, County of Westchester (Index No. 52521/2014) (action under New York State Navigation Law for cost recovery based on petroleum contamination of soil and groundwater)
  • Mediator, Plonisch v. Notre Dame Jr./Sr. High School, United States District Court, Northern District of New York (Civil Action No. 16-cv-00215 (BKS/ATB)) (action based on wrongful termination and discrimination)
  • Mediator, Nick’s Garage, Inc. v. Progressive Casualty Insurance Company et al., United States District Court, Northern District of New York (Civil Action No. 5:12-cv-777 (MAD/DEP)) (action against insurance company for breach of contract and claim under General Business Law section 349)
  • Mediator, Barnes d/b/a Mental Health Counseling Services of Northern NY PLLC v. Seacomm Federal Credit Union et al., Supreme Court, County of St. Lawrence (Index No. 147917) (action against credit union for payment of forged checks)
  • Mediator, Dieffenbacher v. Syracuse University, United States District Court, Northern District of New York, (Civil Action No. 5:16-cv-00508 (DNH/DEP)) (action for employment discrimination based on disability)
  • Court Appointed, Special Mediation Counsel to a Pro Se Litigant, Macera et al v. Village Board of Ilion et al., United States District Court, Northern District of New York, (Civil Action No. 6:16-cv-00668 (LEK/TWD)) (action based on deprivation of constitutional rights)

■ Professional and Civic

  • New York State Bar Association, Dispute Resolution Section, member
  • New York State Bar Association, Trial Lawyers Section, member
  • United State District Court for the Northern District of New York, approved arbitrator, mediator and early neutral evaluator
  • New York State, Supreme Court, County of New York, approved mediator
  • New York State, Fourth Judicial District, approved mediator
  • New York State, Fifth Judicial District, approved mediator
  • New York State Bar Association, Commercial & Federal Litigation Section, member
  • Onondaga County Bar Association
    • Attorney Grievance Committee, chair
    • Judiciary Committee, member
    • Volunteer Lawyer Project, Landlord/Tenant Court, volunteer counsel
    • Attorney-Client Fee Dispute Resolution Program, volunteer arbitrator
    • Onondaga County Bar Foundation’s “Legal Help for Lawyers” Panel, member
  • Catholic Charities of Onondaga County, Board of Directors, member and vice president

■ Admissions

  • Best Lawyers, Commercial Litigation, since 2021
  • Super Lawyers, Business Litigation, Appellate, Alternative Dispute Resolution, 2009 – present
  • Fellow, Trial Lawyer Honorary Society, Litigation Counsel of America, 2014-present

■ Education

Vermont Law School
 ,JD
 ,1994
Vermont Law School
 ,MSL
 ,1994
 ,magna cum laude
St. Lawrence University
 ,BA
 ,1989

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 4:14 pm
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