Joshua E. Kimerling

Litigation

Josh is a Partner, Vice Chairman of the Litigation department and
a member of the firm’s Management committee. His commercial litigation practice is diverse, with varied experience in commercial landlord-tenant law, real estate, title and easement matters, contract and corporate disputes, employment-related issues and appellate advocacy.

Since 1994, Josh has successfully represented and counseled a
broad array of clients, ranging from very large businesses to small family-run companies and individuals on complex matters involving all aspects of real estate disputes, property rights and title matters, contract and employment issues, corporate conflicts, and zoning, easement and land use litigations. He has appeared before local, state and federal courts, at both the trial and appellate levels.

Sample matters include:

bringing and defending actions between commercial landlords and tenants;
representing both employers and employees in breach of contract cases and disputes regarding restrictive covenants and non-competition agreements;
counseling landowners and title companies in easement, title, real estate and adverse possession actions;
representing developers and property owners in Article 78 proceedings involving municipal approvals;
representing a large commercial landlord in proceedings in Westchester, New York;
successfully defending an eviction action brought against a not-for-profit tenant;
handling numerous easement and adverse possession cases;
completing a trial for a homeowner suing for breach of contract and negligence against an engineer;
handling a trial involving claims of breach of fiduciary duty;
and counseling clients to achieve successful and cost-effective resolutions prior to and during litigations.

Admissions/Courts

State of New York
State of Connecticut
United States District Court, Southern District of New York
United States District Court, Eastern District of New York
United States Court of Appeals, Second Circuit

Professional Associations

American Bar Association
New York Bar Association

Selected Publications/Presentations

"Door Opened to Adverse Possession Claims," New York Law Journal, October 26, 2006, p. 4; Author
"Black Male Academies: Re-Examining the Strategy of Integration," Vol. 42 Buff L. Rev. 829, Fall 1994; Author
"The Drafting of Relocation Clauses and the Challenges it Presents" The Matrimonial Strategist, 14 No. 4 Matrim. Strategist 1, May, 1996; Author
"Litigation of Contract Disputes to Judgment and Collection in New \ York," June 12, 2002; Lecturer
"Real Estate and Landlord Tenant Issues in New York," 1999, 2000, 2001; Lecturer

Community Service

Legal Services of Hudson Valley, Inc.; Board member

Education

State University of New York at Buffalo School of Law, J.D., cum laude; 1994
Ithaca College, B.A., cum laude; 1991

Extracurricular

Josh is a lifelong Westchester County resident, who resides with his family in Dobbs Ferry.

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