Scott M. Philbin

Scott M. Philbin

Attorney at Law

Phone

716-854-4300 x 305

Email

sphilbin@gross-shuman.com

Location

Buffalo, New York

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Practice Areas

Bar Admissions

  • New York
  • U.S. Bankruptcy Court
  • U.S. District Court for the Western District of New York
  • U.S. District Court for the Northern District of New York

Attorney Bio

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, professional liability, zoning/land use actions, health care subrogation, 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

  • 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

 

Education

  • University of Rochester, B.A., 1993
  • University at Buffalo School of Law, J.D., 1997

Professional Association

  • Erie County Bar Association, Judiciary Committee

Community Involvement

  • Susan G. Komen Upstate New York Affiliate, Board President
  • Roswell Park Alliance Foundation Community Board, Member

Professional Recognition

  • New York Super Lawyers 2017-2021, Business Litigation

News & Presentations

  • Panelist, Workers’ Compensation Lien Recovery, Loss Transfer, Third Party Actions, Grave Injury and Settlement of Third-Party Actions, PMA Management Claims Managers, April 7, 2021
SL 2021