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Education:
Bates College; University of Massachusetts/Amherst, B.A. cum laude 1982
Albany Law School. J.D. 1985
Best Advocate Award, Gabrielli Competition 1983
Admitted to Practice:
New York, 1986
US District Court, Eastern, Western, Northern and Southern Districts of NY 1986
US Court of Appeals, 2nd Circuit 1993
Affiliations:
Dutchess County Bar Association
New York State Bar Association
(Commercial and Federal Litigation Sections)
Awards:
New York Super Lawyers 2008 - Upstate Edition
Practice Areas:
Business, Estate and Real Property Litigation, Corporate and Partnership Transactions, Real Property Transactions, Banking.
Civic:
Mill Street Loft Advisory Board
Advisor to Stringendo Orchestra School
Former Trustee, Pleasant Valley Free Library
Rick DuVall is responsible for overseeing and in many cases acting as the primary litigator in the firm’s Commercial Litigation Department. These matters vary widely, and include disputes involving everything from commercial and residential construction, real estate contracts, easements and other real estate issues, to disputed trust accountings, probate contests, other matters involving estates and wills and trusts and also include creditor’s rights matters such as mortgage foreclosures, collections, bankruptcies and many other forms of commercial disputes.
Rick’s early focus was in representing banks and other lenders in collections and foreclosures, and the bankruptcies that ensued into the early 1990s. As the credit climate improved, his practice has diversified. While he still represents the firm’s bank and other lender clients, he works with many other individuals, closely held companies and public corporations. Reported cases, which demonstrate the variety of matters that the firm handles and which Rick has prosecuted and defended, include the following:
Sagaria v Bank of New York, 2008 N.Y. App. Div. Lexis 5752 (2d Dept 2008) (successful defense of lender liability claim)
In re Page, 43 A.D.3d407 (2d Dept 2007) (successful enforcement of a complex settlement involving multi-layered real estate family limited partnerships)
Mike-Paul Corp v Fratto, 5 A.D. 3d743 (2d Dept 2004) (obtained summary judgment dismissing closely held corporation’s efforts to prevent client, a minority shareholder, from competing following his departure from the company)
In re KSI Rockville, LLC, 305 A.D 2d681 (2d Dept 2003) First reported Appellate Division case involving dissolution of limited liability company in New York; obtained judgment against managing member for over $400,000.00)
BTC Mortgage Investors Trust v Altamont Farms Inc., 284 A.D.2d849(3d Dept 2001) (successful defense of mortgage foreclosure deficiency judgment sought by lender against our client)
Marine Midland Bank v Rashid, 259 A.D.2d739 (2d Dept 1999) (successful prosecution of mortgage foreclosure deficiency judgment on behalf of firm’s lender client)
Central Dover Development Corp v Town of Dover, 255 A.D.2d542 (2d Dept 1998) (obtained judgment of $48,000.00 based upon de facto taking of 2/10 of an acre)
Rick and the other members of the Commercial Litigation Group are continually providing support to the transactional, general corporate, estate and estate planning practices in the firm, whenever possible, to guide the firm’s clients away from the situations that result in cases as aforementioned.
Rick lives in Pleasant Valley with his wife Lisa Rubenstein and two daughters. He has served on the Board of Directors of Literacy Volunteers of America—Dutchess County, and currently serves as a Trustee of the Pleasant Valley Free Library and on the Advisory Board of the Mill Street Loft. Rick plays squash and golf, and rides his bicycle all over the Hudson Valley.
McCabe & Mack LLP . 63 Washington Street . PO Box 509 . Poughkeepsie NY 12602-0509 Tel: 845-486-6800 Fax: 845-486-7621
e-mail: info@mccm.com