Patrick Mackey concentrates his practice in the area of
commercial litigation, representing individuals and businesses in contract
disputes, intellectual property disputes, and real estate disputes. Mr. Mackey
also has experience handling litigation matters related to business torts, construction
disputes, mechanics liens, and wills and trusts. He has argued various matters
before the Appellate Division of the State of New York Supreme Court and New
York State Court of Appeals.
Publications
• "Playboy v.
Netscape
: The Legal World's First Step in Determining Trademark
Infringement in Banner Advertising on the Internet,"
DePaul-LCA Journal of Arts and Entertainment, Spring 2001
• The following are examples of matters that Mr. Mackey has
served clients in:
• Obtaining the dismissal of a lawsuit brought against a
general contractor client who was sued for allegedly installing pipes in a
newly constructed condominium building in a deficient manner. The lawsuit was
dismissed because the plaintiff’s breach of contract causes of action were
barred by the applicable statue of limitations and because the plaintiff’s
cause of action for negligence was barred by the economic loss doctrine, which
forbids the awarding of tort damages in cases where a contract existed between
the parties.
• Obtaining a judgment on behalf of a landlord who sued a
tenant because the tenant caused significant damage to a rental property by
causing a mercury spill.
• Obtaining a generous settlement on behalf of a widow who
was initially denied payment of death benefits from her deceased husband’s life
insurance provider.
• Inducing the voluntary dismissal of a large claim brought
against an estate by providing the claimant with a factual and legal summary
that clearly outlined the weaknesses of the claimant’s claim and the frivolous
nature of the claim.
• Securing a settlement in an amount slightly below $500,000
against a local municipality on behalf of a general contractor.
• Obtaining the dismissal of a lawsuit brought by an
individual who used fraudulent means to hide real property from his wife during
a divorce proceeding and sued to reclaim title to the property once the divorce
was finalized.
• Secured a court order granting summary judgment on behalf
of a defendant/tavern owner and dismissing a lawsuit brought against the tavern
owner for negligence by establishing that the plaintiff/patron is unable to
prove that the tavern owner had a legal duty to protect him from being
physically assaulted and injured by another patron.
Professional
Activities
• Member, New York
State Bar Association
• Member, Bar
Association of Erie County
• Past president, The
Niagara Group