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Business Litigation

The McCarthy Fingar Team

The lawyers in our Business Litigation group focus on helping clients succeed and maintain their competitive advantage. We recognize that litigation can be complicated and expensive and can result in unintended consequences for our clients and their businesses. Thus, we begin every engagement with an evaluation of the facts and a discussion with the client of the client's legal rights and options. Sometimes, our team negotiates settlements at the inception of engagement, if such settlements are in our client's best interest. By maintaining a focus on the client’s economic interests throughout the discovery, pretrial and trial phases of litigation, the firm has successfully resolved numerous business disputes, permitting their clients to be ahead of the competition.

Our lawyers regularly appear before state and federal courts in New York as well as arbitration and alternate dispute resolution forums. We have represented individuals, corporations, partnerships, joint ventures and other entities in a wide variety of disputes, including, but not limited to, the following: breach of contract, fraud, professional malpractice, business torts, security related matters and arbitrations, shareholder and partnership rights, business dissolutions, claimed errors and omissions, antitrust and trade practices, intellectual property, executive compensation, employment, construction projects and insurance coverage. Our lawyers often are engaged for an appeal only, and our lawyers in our Appellate Practice appear before the Appellate Divisions of the New York State Supreme Court, the New York Court of Appeals and before the United States Federal Circuit Courts.


We represent a number of nationally chartered financial institutions as well as those chartered here in New York, and several other states and foreign countries. Currently, the firm is handling numerous suits involving defaulted obligations, foreclosures, loan workouts and lender liability issues.


We also primarily represent creditors in Chapter 11 reorganization cases. In this area, work is often required in connection with commercial, banking, and real estate litigation as well.

Business Organizations

The firm’s practice in this area includes shareholder derivative actions, deadlocks and minority oppression matters, dissolution, securities issues, and arbitration.


Our litigators are involved in environmental and land use matters, counseling clients on compliance with municipal, state and federal regulations, defending environmental civil and criminal actions, handling Article 78 proceedings, and related matters.

Loan Restructures and Workouts

Working with the firm's Commercial Finance group, our litigators represent clients in all courts to ensure that McCarthy Fingar's commercial lending clients obtain the greatest recovery.

Other Litigation

The lawyers in McCarthy Fingar's Business Litigation group are experienced in civil and criminal litigation disputes of a wide variety. We describe some of our other experiences and resources below:

  • Criminal Law Defense and Counseling: Through Joel M. Aurnou, McCarthy Fingar advises and defends clients in connection with a broad range of matters pertaining to criminal practice, from an initial investigation and through a trial or hearing and an appeal. Our services in this area include the following: Preliminary Investigations by Authorities, Subpoenas, Grand jury investigations, Plea negotiations, Pretrial proceedings, Hearings and Trials and Appeals. For information about this area of the firm’s practice, contact Joel M. Aurnou.
  • Estates and Trusts. Our lawyers frequently work in litigation in the Surrogate's Court, including will contests, estate and trust accounting and other contested estate and trust related matters. For more information, see our Surrogate’s Court Litigation page.
  • Matrimonial and Family Law. When Matrimonial and Family law matters are not amicably resolved, our attorneys represent our clients in litigation on such matters. See our Matrimonial and Family Law page for more information.
  • Medical Malpractice and Personal Injury. Through McCarthy Fingar's Medical Malpractice & Personal Injury group, we represent plaintiffs in claims for damages from medical malpractice and other personal injuries. See our Medical Malpractice & Personal Injury page.
  • Tax Certiorari. The firm does tax certiorari work, with an emphasis on properties located in Westchester, Rockland, and Putnam counties. For more information, see our Tax Certiorari & Condemnation page.
  • Title Litigation. Our lawyers represent a number of title insurance clients in connection with real estate matters involving lien priority, easements, restrictive covenants, and other deed restrictions, boundary disputes, and related title issues.

McCarthy Fingar's Representative Cases

The lawyers in McCarthy Fingar's Litigation have tried or settled many different types of cases in many different courts. Click at representative matters for a description of some of the cases.

McCarthy Fingar's Leadership in the Community

McCarthy Fingar's lawyers are often in the news and are frequent lecturers on many different topics. Click at news to see what our lawyers are doing, including their professional speaking engagements. Click at publications to see the different professional written materials of our lawyers.

Contact Us

McCarthy Fingar's Litigation lawyers are dedicated to our clients' success. If you think you may require our assistance or have any questions, please contact Robert H. Rosh by email (rrosh@mccarthyfingar.com) or phone (914-385-1025) or Joseph J. Brophy by email (jbrophy@mccarthyfingar.com) or phone (914-385-1021).