“THEY SAY THAT GOOD FENCES MAKE FOR GOOD NEIGHBORS. WE BELIEVE IN TAKING THAT ONE STEP FURTHER -- GOOD CONTRACTS MAKE FOR GOOD BUSINESS DEALS. CONSULT WITH US EARLY, AND YOU MAY SAVE TIME AND MONEY IN THE END. ”
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:
- Stathis v. Estate of Karas, 130 A.D.3d (2d Dept 2015) (obtained reversal of jury verdict based upon application of Dead Man's status and Best Evidence Rule)
- 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. 3d 743 (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 2d 681 (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.2d 849 (3d Dept 2001) (successful defense of mortgage foreclosure deficiency judgment sought by lender against our client)
- Marine Midland Bank v Rashid, 259 A.D.2d 739 (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.2d 542 (2d Dept 1998) (obtained judgment of $48,000.00 based upon defacto 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 the Village of Rhinebeck with his wife Lisa Rubenstein. He has served on the Board of Directors of Literacy Volunteers of America-Dutchess County, and served as a Trustee of the Pleasant Valley Free Library. He is on the Board of Directors of The Art Effect, formerly Mill Street Loft. Rick plays squash and golf and rides his bicycle all over the Hudson Valley.
Dutchess County Bar Association
New York State Bar Association (Commercial and Federal Litigation Sections)
Martindale Hubbell “AV” Preeminent Rated Attorney
Member, President (2012-2014) Board of Directors for The Art Effect
Advisor to Stringendo Orchestra School
Former Trustee, Pleasant Valley Free Library
New York, 1986
U.S. District Court Eastern District of New York, 1986
U.S. District Court Western District of New York, 1986
U.S. District Court Northern District of New York, 1986
U.S. District Court Southern District of New York, 1986
U.S. Court of Appeals 2nd Circuit, 1993
Albany Law School Union University, Albany, New York
J.D., Doctor of Jurisprudence - 1985
Bates College; University of Massachusetts/Amherst
B.A. cum laude - 1982
Honors and Awards:
New York Super Lawyers, 2011 to 2018
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