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Andrew. P. Schriever

Litigation, Telecommunication

Andrew is a Partner in the firm's Litigation and Telecommunication departments and handles all aspects of state and federal litigation, including complex commercial, telecommunications, corporate, real estate and land use matters, as well as alternative dispute resolution. His practice also includes registration and protection of clients’ trademarks.

He is a court-appointed mediator in the Westchester County Supreme Court Commercial Division's mediation program and Co-Chair of the Westchester County Bar Association’s Alternative Dispute Resolution Committee, and he has presented Continuing Legal Education Seminars on several topics, including "Legal Aspects of Condominium Development and Homeowner's Associations in New York" and "Real Estate Development From Beginning To End", as well as "How To Settle Cases" and “Making the Most of Mediation”for the Westchester County Bar Association.

Recent matters include:
  • Successfully representing national wireless telecommunications carrier in case which for the first time in federal court struck down a municipality’s law imposing unreasonable fees for processing wireless siting applications, obtaining an award disgorging funds improperly received by municipal consultant and directing the approval of carrier’s proposed wireless facility;
  • Winning a trial resulting in a $2.2 Million Judgment on behalf of 50/50 partner of closely-held real estate companies in claims for breach of fiduciary duty involving defendant’s misappropriation of funds, and successfully unwinding fraudulent transfers of money and real estate in order to make the transferred assets subject to collection on the Judgment;
  • Successfully prosecuting several actions against various municipalities for violations of the Telecommunications Act of 1996 in denying carriers’ efforts to install wireless facilities;
  • Successfully defeating attempted class action by employees bringing action against employer on basis that employer did not violate provisions of federal and New York employment laws;
  • Representing owner/developer in dispute with co-developer in connection with development of two high rise projects with a combined value of approximately $200  Million;
  • Obtaining federal court decisions making new law in the area of telecommunications which rejected private individuals’ and organizations’ efforts to prosecute claims under the Telecommunications Act and which rejected efforts to sue wireless carrier for nuisance and trespass based on principle that federal law prohibits such actions from going forward;
  • Obtaining summary judgment for one of the nation’s largest home builders in dispute over return of multi-million dollar investment in development project;
  • Defending multi-national company against claim alleging delivery of non-conforming goods;
  • Winning appeal sustaining client’s claims for fraudulent inducement to purchase apartment building based on defendant’s misrepresentation of rent rolls;
  • Negotiating settlement on owner’s behalf in dispute concerning construction defects with respect to multi-million dollar residence, with developer re-doing construction work to restore home to first class condition;
  • Representing a New York City commercial unit owner in “Cond-op” dispute, in an action to quiet title, culminating in successful exit strategy involving sale of unit for a multi-million dollar profit representing approximately five times the client’s initial investment;
  • Successfully prosecuting litigation on behalf of owner of retail plaza to defeat commercial master tenant’s claim to right to exercise purchase option for a price that was worth millions of dollars less than fair market value;
  • Coordinating litigation and negotiation strategy for manufacturer who was dependent on short-term financing from nation’s largest factoring company which was facing potential bankruptcy, leading to successful renegotiation of client’s rights and release back to client of vital security and intellectual property interests;
  • Obtaining summary judgment on behalf of a commercial landlord finding the tenant liable for the remaining term on a multi-million dollar leasehold interest;
  • Representing developer in dispute over maintenance of affordable housing status for development project;
  • Obtaining judgment for wholesaler in federal diversity action against manufacturer for damages relating to late and incomplete shipments;
  • Defending and prosecuting various commercial lease and business disputes on behalf of a local New York college;
  • Representing a condominium in a dispute against a municipality, various contractors and design professionals resulting in a seven- figure settlement on behalf of the unit owners;
  • Representing developers in disputes with local municipalities;
  • Prosecuting a federal litigation against a municipality under the Telecommunications Act, on behalf of a national wireless service carrier; prosecuting partnership disputes, including in connection with dissolution and winding up of company assets;
  • Litigating claims for various clients involving disposition of property ownership rights in connection with commercial real estate ventures;
  • Representing a commercial real estate owner in a dispute arising from a managing agent’s overcharges;
  • Obtaining multiple trademark registrations and litigating to protect client’s trademark rights.

Admissions/Courts

  • Supreme Court of the United States of America
  • United States Court of Appeals for the Second Circuit
  • State of New York
  • Commonwealth of Massachusetts
  • United States District Courts for the Southern and Eastern Districts of New York
  • United States District Court for the District of Connecticut

Professional Associations

  • New York State Bar Association
  • Westchester County Bar Association, Co-Chair of the Alternative Dispute Resolution Committee

Selected Publications/Presentations

  • “Building Litigation Prevention Into Your Transaction” Westchester Bar Journal, 2009; Author
  • "Taking Control Of The Outcome To Turn A Settlement Into A Win" Westchester Bar Journal, 2008; Author
  • "Condominium Management, Judicial Remedies And Theories Of Liability In New York", Lorman Education Services, 2006; Author
  • "Recent Developments In Federal Securities Litigation," Glasser LegalWorks, 1998; Author

Community Service

  • 1st Vice President, Executive Committee, Board of Directors, Greenburgh Nature Center
  • Member, Board of Directors of the Legal Aid Society of Westchester County
  • Pro bono work for a not-for-profit's executive board regarding employment related issues

Education

  • Boston College Law School, J.D., magna cum laude; 1998
  • University of Massachusetts, M.A.; 1995
  • University of Massachusetts, Amherst, B.A., cum laude; 1992
  • University College of London, England, undergraduate semester
  • Justice Antonin Scalia's "Separation of Powers" course, Penn State Dickinson School of Law, Capitals of Europe summer program

Extracurricular

In his spare time, Andrew plays guitar and piano and enjoys biking, skiing and traveling whenever possible.

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