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
