The firm maintains a general practice, including civil and criminal litigation, trials and appeals, commercial and real estate transactions, corporate, construction, medical malpractice, oil and gas, partnership, real estate, employment and labor law, family law and divorce, insurance, negligence, products liability, intellectual property, RICO, international trade, bankruptcy, tax litigation and Indian Law. The following examples are illustrative of some of the matters that the firm has handled in recent years. Please note that prior results do not guarantee a similar outcome. Litigation Represented and advised numerous attorneys regarding law firm partnership matters and disputes. Recovered a six figure damage award against an investment advisor regarding a defectively designed charitable remainder trust. Represented a business in a proceeding to halt construction of an international bridge being planned by a public authority without compliance with SEQRA. Recovered a $2,000,000 arbitration award for a Texas developer against a manufacturer of gas turbine electric generating equipment, following a three and a half week international arbitration proceeding in New York City involving a co-venture to develop two electric power generating plants in the United Kingdom. Represented two partners separating from a national accounting firm regarding non-competition issues and recovery of their capital accounts. Represented a Buffalo family business in shareholder agreement litigation. Represented a union in litigation related to a recent strike. Represented a union in federal court discrimination litigation. Recovered a six figure settlement in a disability employment discrimination case on behalf of a former executive against a national bank. Resolved, by a settlement kept confidential at the defendant's request, a sexual harassment claim brought by the firm on behalf of a former employee against an upstate New York hospital and a prominent physician. Represented the plaintiffs and resolved, by a settlement kept confidential at the request of defendants, wrongful death and injury claims arising out of a vehicle going out of control and veering into the crowd at an event held at the Niagara Falls Convention Center. Recovered a settlement in Surrogate's Court litigation requiring the trustees of a testamentary trust to establish a separate $1,000,000 trust fund (controlled by new trustees) for the benefit of certain trust beneficiaries, upon their claim that the trustees had breached their fiduciary duties by continuing to operate marginal family businesses rather than investing trust assets in prudent, income producing investments. Recovered a substantial six figure settlement amount for non-voting shareholders in a stock appraisal case brought under Section 623 of the Business Corporation Law. Defended against and obtained dismissal of bank guaranty liability claims brought against former owners of a defunct corporation. Served as a Court appointed special master for discovery proceedings in complex unfair competition litigation. Represented numerous parties in domestic relations matters, including divorce, child custody and equitable distribution litigation. Construction Law Had complete responsibility for the preparation of construction contracts and bidding procedures on behalf of the construction manager and contractor regarding the $56,000,000 reconstruction of Ralph C. Wilson Stadium in Orchard Park, New York. Represented an architectural firm regarding claims brought against it pursuant to the Americans With Disabilities Act arising out of the design of a facility in Buffalo, New York. Recovered over $2,000,000 for a general contractor in an arbitration proceeding regarding development of an apartment complex in South Carolina. Represented an architect in mediation proceedings regarding claims involving the design and construction of a baseball stadium, resulting in settlement of a federal court action. Represented general contractors regarding preparation and administration of design/build contracts for projects in excess of $23 million in the aggregate, including construction of a printing distribution center, a medical center, a manufacturing facility and a retail shopping mall. Represented the general contractor regarding a $15.8 million construction contract for student housing at the State University of New York at Buffalo. Negotiated and prepared the construction contract and other documents for the general contractor regarding a $17.6 million project involving construction of an assisted living residence. Prepared construction contracts and represented general contractor and construction manager regarding a $10.3 million student housing project for a local private college. Real Estate Development and Acquisitions Represented the purchaser in a $29 million deal to acquire approximately one thousand apartment units in Rochester, New York. Represented the developer of a 55 acre industrial park in Cheektowaga, New York and the developer of another 22 acre industrial park near the Buffalo airport. Represented the developer regarding a condominium offering in Ellicottville, New York, including site acquisition and development. Represented the developer in the acquisition of land from the City of Buffalo Urban Renewal Agency, and the construction and renovation of an 81,000 square foot retail and commercial facility located in Buffalo's inner city. Represented the developer in the acquisition and development of a suburban lake front residential subdivision. Represented the developer in the acquisition of a downtown waterfront parcel from the City of Buffalo Urban Renewal Agency and the development of a 5 unit luxury town home facility, including the preparation of all offering materials. Handled numerous industrial revenue bond transactions, totaling over $37 million in financing, including the $19 million renovation of one of Buffalo's principal downtown hotels. Negotiation of numerous industrial and commercial real estate leases for hundreds of thousands of square feet of light manufacturing, warehouse, office and retail space. Business Acquisitions and Financing Transactions Represented management in a leveraged acquisition of the assets of a national brand dinnerware manufacturer, and in related financing matters. Represented a local industrial park developer in two mortgage financing transactions totaling $13.9 million, and regarding another credit facility for approximately $2 million. Represented a sales and distribution company regarding a $2.2 million revolving line of credit and term credit facility. Represented a developer of an industrial park regarding $3.8 million in mortgage financing. Acted for a major hotel operator in the $15 million acquisition of a 420 room hotel and related financing. Represented a local manufacturer in the $4.5 million acquisition of assets from the Canadian division of a major manufacturer, and handled related financing. Represented the purchaser in a $3.3 million acquisition of a 106,000 square foot shopping center and related financing. Represented a local manufacturer regarding the closing of an $8.1 million dollar revolving line of credit and term facility. Bankruptcy Law Represented the lead bank of a group of lenders in international bankruptcy proceedings involving a major transportation company. Appointed by the Bankruptcy Court as class representative for unsecured United States creditors in another international bankruptcy proceeding brought under Section 304 of the United States Bankruptcy Code. Advised a municipality on environmental issues in bankruptcy proceedings involving owner of contaminated industrial property. Represented Chapter 7 panel trustee in numerous cases in bankruptcy litigation and trustee practice. Represented debtors in filing and administration of bankruptcy cases under Chapters 7, 11 and 13. Represented creditors in litigation in Bankruptcy Court, including automatic stay litigation, preference litigation and claims litigation. Represented patent licensee in litigation concerning sale of major intellectual property license. Indian Law Zdarsky, Sawicki & Agostinelli LLP has been actively involved in representing Indians and non-Indians regarding reservation business and affairs, including in matters relating to state taxation and regulation, gaming issues, as well as regarding tribal governance issues. Zdarsky, Sawicki & Agostinelli LLP attorneys regularly appear in tribal courts and provide advice and counsel to reservation Indians and non-Indian clients transacting business on Indian reservations. The firm's attorneys were actively involved in litigation with the State of New York over a period of ten years regarding the sale of gasoline, motor fuel and cigarettes on Indian Reservations without payment of state tax, ultimately leading to New York State's policy recognizing the sovereign right of Indian tribes to sell products free of state regulation and taxation. Represented members of the Tonawanda Band of Seneca Indians in a case brought under the Indian Civil Rights Act, leading to a federal court order vacating their "banishment" by tribal leaders. Obtained a preliminary injunction preventing the State of New York from imposing tax liability directly against a reservation Indian. Protected the right of reservation Indians to use the Courts of New York to hear cases involving commercial disputes between tribal members that arise on the reservation. Defended a Native American businessman in a Federal Court criminal prosecution regarding a dispute over abandoned railway property on Indian lands, obtaining an acquittal on all counts after a jury trial.