Litigation

Gilberti Stinziano Heintz & Smith, P.C. regularly handles all aspects of litigation, including investigation, discovery, witness preparation, document management, negotiation, settlement, trial and appellate work. We regularly represent clients in state and federal courts and administrative forums, both as lead counsel and local counsel. We focus on complex civil litigation, including environmental, civil, business, commercial and real estate litigation; constitutional and administrative law litigation; litigation involving financial institutions, real estate valuation and assessment tax-related litigation, and white-collar criminal defense.

A large part of our litigation practice involves challenge to government agency permitting decisions adverse to the project sponsors. We also participate in the defense of favorable government actions challenged by project opponents.

Environmental
Gilberti Stinziano Heintz & Smith, P.C. specializes in complex environmental litigation, including but not limited to, Article 78 proceedings and adjudicatory hearings. Representation generally involves defending or challenging SEQRA compliance, NYSDEC permits or denials, zoning permits or denials. Issues involved include procedural and substantive challenges.

At the adjudicatory hearing level, we regularly represent applicants, intervenors and other parties in connection with NYSDEC and other permits subject to adjudicatory hearing rules. In these quasi-trials, we advocate our client's interests as if the matter were a trial. We prepare the case, prepare the witnesses, question and cross-examine witnesses and present other evidence supporting our client's position.

We also defends clients against government enforcement actions for alleged violation of federal and state environmental protection requirements and represent clients subject to cost recovery actions brought by state or federal government to recoup the cost of cleaning up environmental contamination.

Energy & Natural Resources
The Firm regularly represents clients in all manner of administrative, civil and environmental or white-collar criminal matters before state and federal agencies and in state and federal courts throughout New York State and the Northeast.  Our representation includes the investigation, management, negotiation and settlement of prosecution and/or defense of matters at the hearing, trial and appellate levels.  We are also experienced in all matters of alternative dispute resolution, including mediation and arbitration.

Real Estate Development
Gilberti Stinziano Heintz & Smith, P.C. works closely with clients in the development of potential projects and provides strategic counsel with respect to potential litigation arising out of right-to-build approvals. We regularly handle a significant amount of real estate and land use litigation, including matters relating to zoning and land use, the New York State Environmental Quality Review Act (SEQRA) and condemnation.

Real Property Tax & Condemnation
Our experience in eminent domain is complemented by our extensive experience in real estate valuation issues. Gilberti Stinziano Heintz & Smith, P.C. is one of the more successful firms in New York State in the area of challenges to real property tax assessments via Article 7 certioriari proceedings.  We have secured savings for national and international clients in the millions of dollars.  Our experience in this area enables us to evaluate economic, legal, and political strategies for our clients and ensure the success of their project.

For the past 40 years, Gilberti Stinziano Heintz & Smith, P.C. has represented property owners and tenants in challenging real estate tax assessments with remarkable results.  We are renowned for excellence in achieving successful outcomes in property tax assessment reductions. Clients include owners of commercial office buildings, regional malls, warehouses, industrial and manufacturing facilities.

Business
Gilberti Stinziano Heintz & Smith, P.C. regularly handles contract disputes including construction-related, purchase contract and commercial lease litigation, as well as other general commercial claims for all types of business. We also litigate employment cases, including contract-based claims, claims of discrimination and sexual harassment, constitutional claims, retaliatory discharge claims and disputes involving restrictive covenants.

We have also litigated other complex matters in Federal Court involving the Commerce Clause, First Amendment rights and Indian land claims.