Rick frequently counsels higher education and secondary education clients regarding litigation disputes. His experience includes facilities construction litigation, real property boundary disputes, and defense of various premises liability and personal injury claims.
Representing a college beneficiary to a trust, argued that due to the prior closure of a Catholic school that was also named as a trust beneficiary, the share designated for the defunct school must pass instead to the other designated beneficiaries under application of New York’s anti-lapse statute. Matter of Gurney, 152 AD3d 1122 (3d Dept. 2017).
Successfully defended client who had no actual or constructive notice of hazardous lead paint conditions at his rental property. Summary judgment awarded to client and affirmed on appeal. Kimball v. Normandeau, 132 AD3d 1340 (4th Dept. 2015).
Represented client in a partition action where the ownership shares of the parties in the underlying real property derived from a Will – the case concerned allegations of ouster, adverse possession and liability to cotenants for rent. The court found that client was not liable for rent to cotenants. Cooney, et al v. Shepard,18 AD3d 1376 (4th Dept. 2014).
Partial summary judgment was granted on client's Objections to interim accounting of the Estate fiduciary; the decision was modified and reversed in part on appeal. Matter of Carano, 96 AD3d 1556 (4th Dept. 2012).
Represented residential landlords in multiple lead-paint exposure cases, including securing dismissal of claims by motion for summary judgment.
Secured a temporary restraining order and other relief related to the dissolution of a business partnership.
Secured a guardian for an incapacitated elderly woman pursuant to Article 81 of the Mental Hygiene Law.
Represented office supply wholesaler in action against software developer for defective software development and installation.
Settled multiple actions related to trust and estate accountings.
Defended a manufacturer of commercial kitchen equipment in a product liability lawsuit.
Foreclosed on a commercial shopping center, with appointment of a receiver to manage the property during pendency of the action.
Enforced a restrictive covenant with preliminary injunction, to bar competition by a disloyal former employee.
Defended a scaffold law claim related to the collapse of an incomplete building addition.
COVID-19: Updates on Labor and Employment & Product Liability Considerations, MACNY, April 28, 2020
Going Beyond Lead: Lessons Learned from Lead Litigation and Trending Substances, HB Litigation Conferences, 2015 National Lead Litigation Conference 2015, November 6, 2015
Libel: Say it Safely, New York Press Association Convention, 2012, 2013
Advanced Insurance Coverage: Exclusions in Personal Lines Insurance,' New York State Bar Association Continuing Legal Education Program, 2012
Estate Litigation, New York State Bar Association Continuing Legal Education Program, 2011
Basic Tort and Insurance Law Practice: Automobile Insurance Sources of Coverage, New York State Bar Association Continuing Legal Education Program, 2008, 2010
Defamation, Disparagement and Language: Avoiding Libel Issues', New York Press Association Convention, 2010
Collections and the Enforcement of Money Judgments: The Negotiated Settlement, New York State Bar Association Continuing Legal Education Program, 2005, 2007
Richard L. Weber, "The Child Victim's Act: What It Means for Your Business," Oswego County Business News, February 2020
Richard L. Weber and Thomas R. Smith, “Regulatory Corner,” NYS Chemistry Council Newsletter, March 2017
"No Greater Rights: The Limits of Pro Se Litigation in New York Courts," NYSBA Journal, July/August 2007, at 10
"Stipulators Beware: The Perils of CPLR 2104," NYSBA Perspective, Fall/Winter 2006, at 14
"State v. Speonk Fuel: The Untold Story Behind the Court of Appeals Decision," The New York Environmental Lawyer, Spring/Summer 2005, Vol. 25 No. 2, pgs. 16-20
"Playground Personal Injury Law - A Primer," NYSBA Perspective, Spring/Summer 2004, at 12
"Riding on a Diamond in the Sky: The DBS Set Aside Provisions of the 1992 Cable Act," 40 Wm & Mary L. Rev. 1795, 1999
Rick frequently counsels higher education and secondary education clients regarding litigation disputes. His experience includes facilities construction litigation, real property boundary disputes, and defense of various premises liability and personal injury claims.
Representing a college beneficiary to a trust, argued that due to the prior closure of a Catholic school that was also named as a trust beneficiary, the share designated for the defunct school must pass instead to the other designated beneficiaries under application of New York’s anti-lapse statute. Matter of Gurney, 152 AD3d 1122 (3d Dept. 2017).
Successfully defended client who had no actual or constructive notice of hazardous lead paint conditions at his rental property. Summary judgment awarded to client and affirmed on appeal. Kimball v. Normandeau, 132 AD3d 1340 (4th Dept. 2015).
Represented client in a partition action where the ownership shares of the parties in the underlying real property derived from a Will – the case concerned allegations of ouster, adverse possession and liability to cotenants for rent. The court found that client was not liable for rent to cotenants. Cooney, et al v. Shepard,18 AD3d 1376 (4th Dept. 2014).
Partial summary judgment was granted on client's Objections to interim accounting of the Estate fiduciary; the decision was modified and reversed in part on appeal. Matter of Carano, 96 AD3d 1556 (4th Dept. 2012).
Represented residential landlords in multiple lead-paint exposure cases, including securing dismissal of claims by motion for summary judgment.
Secured a temporary restraining order and other relief related to the dissolution of a business partnership.
Secured a guardian for an incapacitated elderly woman pursuant to Article 81 of the Mental Hygiene Law.
Represented office supply wholesaler in action against software developer for defective software development and installation.
Settled multiple actions related to trust and estate accountings.
Defended a manufacturer of commercial kitchen equipment in a product liability lawsuit.
Foreclosed on a commercial shopping center, with appointment of a receiver to manage the property during pendency of the action.
Enforced a restrictive covenant with preliminary injunction, to bar competition by a disloyal former employee.
Defended a scaffold law claim related to the collapse of an incomplete building addition.
COVID-19: Updates on Labor and Employment & Product Liability Considerations, MACNY, April 28, 2020
Going Beyond Lead: Lessons Learned from Lead Litigation and Trending Substances, HB Litigation Conferences, 2015 National Lead Litigation Conference 2015, November 6, 2015
Libel: Say it Safely, New York Press Association Convention, 2012, 2013
Advanced Insurance Coverage: Exclusions in Personal Lines Insurance,' New York State Bar Association Continuing Legal Education Program, 2012
Estate Litigation, New York State Bar Association Continuing Legal Education Program, 2011
Basic Tort and Insurance Law Practice: Automobile Insurance Sources of Coverage, New York State Bar Association Continuing Legal Education Program, 2008, 2010
Defamation, Disparagement and Language: Avoiding Libel Issues', New York Press Association Convention, 2010
Collections and the Enforcement of Money Judgments: The Negotiated Settlement, New York State Bar Association Continuing Legal Education Program, 2005, 2007
Richard L. Weber, "The Child Victim's Act: What It Means for Your Business," Oswego County Business News, February 2020
Richard L. Weber and Thomas R. Smith, “Regulatory Corner,” NYS Chemistry Council Newsletter, March 2017
"No Greater Rights: The Limits of Pro Se Litigation in New York Courts," NYSBA Journal, July/August 2007, at 10
"Stipulators Beware: The Perils of CPLR 2104," NYSBA Perspective, Fall/Winter 2006, at 14
"State v. Speonk Fuel: The Untold Story Behind the Court of Appeals Decision," The New York Environmental Lawyer, Spring/Summer 2005, Vol. 25 No. 2, pgs. 16-20
"Playground Personal Injury Law - A Primer," NYSBA Perspective, Spring/Summer 2004, at 12
"Riding on a Diamond in the Sky: The DBS Set Aside Provisions of the 1992 Cable Act," 40 Wm & Mary L. Rev. 1795, 1999
