Scott M. Philbin

Scott Philbin is a Buffalo-based litigation attorney handling a broad array of business and commercial matters at the trial and appellate levels in both state and federal court.

He routinely represents corporations, insurers and financial institutions in issues relating to breach of contract, the leasing of heavy construction equipment, enforcement of non-compete agreements, banking litigation, investor claims and commercial paper disputes. Scott also has experience in toxic tort cases involving silica and benzene, insurance coverage disputes, trust and estate litigation, commercial foreclosures, defense of attorneys and accountants in malpractice claims, zoning/land use actions, and insurance defense claims.

Relevant Experience

• Defended municipality against putative class action suit alleging environmental exposure claims of neighbors adjacent to landfill.
• Defended several businesses in claims for wrongful death arising out of workplace accidents.
• Defended media company in putative class action suit against claims for unpaid wages.
• Prosecution of actions to enforce terms of non-compete agreements.
• Representation of construction equipment leasing company with respect to enforcement of lease terms.
• Defense of silica suppliers against claims of silicosis resulting from occupational exposure.
• Assisted equipment leasing company in repossession of equipment from food processing plant.
• Prosecution of commercial foreclosure action.
• Obtained dismissal of wrongful death case against architectural firm.
• Secured Appellate Court reversal of village zoning board of appeals' denial of variance to builder of apartment complex.
• Defense of financial institution against allegations of improper stock transfer based upon fraudulent endorsement.
• Representation of law firm in declaratory judgment action seeking coverage from professional liability carrier relating to legal malpractice action.

Reported Representative Matters

• Kowalek v. Keystone Medical Services of New York, P.C. 197 A.D. 3d 893 (4th Dept. 2021)
• Matter of Bingham v. Town of Wheatfield, 185 A.D.3d 1482 (4th Dept. 2020)
• Rink v. State of New York, 87 A.D.3d 1372 (4th Dept. 2011)
• Rickicki v. Borden Chemical, et al., 60 A.D.3d 1276 (4th Dept. 2009)
• Kenmore Tonawanda School Dist. v. State of New York, 38 A.D.3d 203 (1st Dept. 2007)
• W.K.J. Young Group v. ZBA of the Village of Lancaster, 16 A.D.3d 1021 (4th Dept. 2005)
• Carpenter v. Penn Traffic Co., 296 A.D.2d 842 (4th Dept. 2002)
• Raquet v. J. M. Braun Builders, Inc., 273 A.D.2d 850 (4th Dept. 2000)
• Raquet v. Zane, 269 A.D.2d 876 (4th Dept. 2000)