Civil Litigation

Civil Litigation

Our experienced civil litigation attorneys work to resolve legal conflicts in all types of proceedings. From informal negotiation to arbitration and settlement to trial or even appeals, our law firm offers strong representation to serve your interests.


We apply forward-thinking ideas and solutions to the most challenging legal issues you face, and approach each case with passion and commitment. From the first steps of the litigation process and right through to the end, we’ll handle everything you need to be in your best shape at trial. We know how complicated litigation can be. From pleadings, affidavits, examinations, motions, mediation, undertakings, refusals, pretrial, and finally, trial.

Other Torts

The attorneys at Flink Maswick are prepared to handle the prosecution or defense of all manner of torts claims, including malicious prosecution, defamation, libel, slander, false imprisonment and assault claims on behalf of their clients. Unlike a motor vehicle accident where the chances of the parties having any relationship are miniscule and usually coincidental, oftentimes these “other torts” involve people who know each other, as they have had a history or relationship with each other. The attorneys at Flink Maswick are sensitive to the heightened emotional impact such relationships bring and find that the early investigation of that prior personal history or relationship is very often critical to a favorable resolution.


By way of example, in April, 2006, Edward Flink obtained a verdict in favor of a physician client who had been falsely accused of sexually molesting his three year old daughter. The defendant was the maternal grandmother of the child, and had arrayed the entire child protective services system against our client in order to help the child’s mother in her custody dispute with our client. The pre-trial proceedings were complex and extended over almost 10 years, involving several trips to the Appellate Division and requiring us to climb over many roadblocks, some of which are inherent in the Social Services system. The decision to pursue this particular case, and others like it, must be carefully made by the client and our firm, and will often require an hourly rate retainer, or hybrid retainer agreement.


We can handle any of the following situations:

 

  • Breach of contract
  • Business litigation
  • Collection actions
  • Construction defects
  • Employment issues
  • Family law matters
  • Insurance disputes

 

 

  • Landlord-tenant disputes
  • Medical malpractice
  • Personal injury
  • Premises liability
  • Probate litigation
  • Product liability
  • Real estate disputes
  • Other legal conflicts

 

Product Liability

The attorneys at Flink Maswick Law PLLC have the capacity and experience to handle the defense of product liability cases. Flink Maswick attorneys have been involved in cases involving a wide variety of products: asbestos, drill presses, a folder-cutter machine that makes cardboard boxes, candy, soup, bicycles, electronic sliding doors, elevators, telehandlers, propane water heaters and even something as seemingly simple as a ladder.  

Although the client typically provides the best witnesses and best experts, Flink Maswick has used outside experts and consultants to assist in the defense of these cases. The attorneys work hand in hand with the client, expert and the insurer, if the client is not self-insured, to prepare the client for the rigors of defense of its product. Visits to the manufacturing site and conferences with key personnel are frequently part of the defense strategy.

From the initial investigation to preparing the clients for depositions, through trial Flink Maswick’s attorneys are there to assist, guide and lead in the development and execution of defense strategy in order to obtain favorable results for our clients.

At Flink Maswick Law PLLC we have experience litigating the following types of disputes:
  • Commercial or residential real estate purchasing and sales
  • Transfer of property after a foreclosure or short sale
  • Commercial or residential leasing
  • Commercial or residential mortgages
  • Commercial or residential insurance titles
  • Buy-sell agreements
  • Real estate litigation
  • Real estate contracts
  • Failure to disclose defects in the sale of a home
  • Easements
  • Denial of home insurance claims
  • Rentals and landlord-tenant law
  • Contracts, titles, and other real estate documents
  • Construction defects
  • Most other matters regarding real estate law

Labor Law and Worksite Claims

The ever-evolving area of New York State Labor Law requires attorneys who are attuned to and cognizant of the complexities of this area of practice. Flink Maswick’s attorneys have experience not only in work site negligence claims but claims involving alleged statutory violations of Labor Law Sections 200, 240(1) and 241. Our attorneys have filed dozens of motions and handled numerous appeals, dating back to 1981 and Edward Flink’s successful argument before the New York Court of Appeals in the seminal case of Russin v. Picciano, (54 N.Y. 2d 311 (1981)).

We represent contractors, homeowners, commercial developers and employers and are familiar with the intricacies of this practice associated with the applicability of these sections. Further, we are knowledgeable in regard to insurance and indemnification issues which arise in these scenarios. 

From investigation through trial, Flink Maswick Law PLLC represent defendants and obtain favorable results for our clients in these matters.

Real Property Litigation

In addition to our transactional expertise, we have an active real estate litigation practice, which is often necessary to resolve clients’ matters. Before litigation is pursued, typically as a last resort, the benefit of having seasoned trial attorneys on hand who understand the transactional process affords certain insight and clout necessary to avoid pitfalls which could otherwise complicate a smooth transaction. That said, when litigation proves necessary, we have the experience to obtain the right result for our clients, usually sooner rather than later. Our real property litigation experience includes boundary disputes, actions for specific performance, landlord/tenant matters, tax certiorari and eminent domain proceedings.
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