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Rosemarino_Stephen

Stephen D. Rosemarino

Partner Albany

Stephen D. Rosemarino serves as a partner in our Construction & Public Contracts Practice Group, specializing in construction law, contract law, and complex business litigation. He commonly represents general contractors, construction managers, subcontractors, suppliers, owners/developers, architects and engineers. Stephen also represents businesses across a variety of other industries in commercial disputes and business dealings.

Steve’s counsel is based on sound business judgment and grounded in practicality, oftentimes helping clients avoid litigation or otherwise navigate complex issues.  He drafts and reviews contracts and other legal documents, and advises construction industry clients in their operations and throughout projects.

He has extensive litigation, arbitration, and mediation experience in matters such as complex contract disputes, public bidding disputes, payment issues, delay claims, design and engineering errors and omissions, construction defects, defaults, bond claims, suretyship litigation, prevailing wage disputes, wrongful terminations, mechanics’ lien foreclosures, insurance disputes, banking and financial disputes, torts, property disputes, corporate litigation, business dissolutions, business valuations, accounting proceedings, and more.

Beyond his legal practice, Stephen is a published author on the topics of trial practice, construction contract compliance, and prevailing wage law. He shares his knowledge through lectures on various subjects.

Experience

Representative Matters

  • Obtained a Decision and Order from the New York State Third Department Appellate Division striking down a determination of the New York State Department of Labor that required a contractor to pay prevailing wages for work performed on a certain construction project
  • Obtained a Trial Decision from a Commercial Division Court in a business corporation valuation proceeding that involved the testimony of approximately one dozen expert witnesses, and which resulted in the forced buyout of the Firm’s client’s minority shares in excess of $10 million
  • Obtained Summary Judgment from a New York State trial court exonerating a freight broker from liability for damage to and loss of goods shipped interstate by a motor carrier trucking company pursuant to principles of federal preemption, the Federal Aviation Administration Authorization Act, and the Carmack Amendment
  • Obtained Summary Judgment on behalf of a road contractor in a catastrophic road accident case pending in the Bronx County Supreme Court
  • Successfully defended a manufacturer of manufactured homes in a Department of State hearing regarding alleged defects to a certain home, thereby obtaining dismissal of the complaint in its entirety against the Firm’s client
  • Obtained Summary Judgment from a New York State trial court dismissing all causes of action against a previous owner of certain real property, thereby exonerating him from liability for money damages arising out of the collapse of an allegedly defective second-story structure on the property which was occupied by several people at the time of collapse
  • Obtained, within 48 hours, a Temporary Restraining Order on behalf of a company requiring an individual to immediately return possession of a hijacked internet domain and website
  • Obtained an Order denying an emergency motion by the purchaser of a business seeking a Temporary Restraining Order preventing the seller of the business from, among other things, selling certain real property to other parties
  • Obtained a Temporary Restraining Order immediately enjoining a former executive from exposing confidential and proprietary information and soliciting clients
  • Obtained numerous Decisions and Orders relating to discovery in litigation, including but not limited to a novel Decision and Order denying an opponent’s motion seeking to shift the cost of Electronically-Stored Information (ESI) discovery to the Firm’s client
  • Obtained numerous favorable settlements (both prior to and during litigation) on behalf of clients

Credentials

Work Experience

  • Hinckley Allen
    • Partner (2024-Present)
    • Associate (2020-2023)
  • McNamee Lochner P.C.
    • Associate (2018-2020)
  • Couch White, LLP
    • Associate (2015-2018)
  • N.Y.S. Workers' Compensation Board, Waiver Agreement Management Office
    • Excelsior Fellow/Attorney (2014-2015)

Honors & Awards

  • Super Lawyers, Upstate New York
    • Rising Stars (2019-2023)
  • Pro Bono Services Honor Roll, United States District Court for the Northern District of New York (2015)
  • Recipient of Founders' Scholarship, John Alexander Memorial Scholarship, and Norbert L. Noel '44 Scholarship (2011-2014)

Charitable & Civic Involvement

  • American Cancer Society, Associate Board of Ambassadors
    • Member (2018-2021)

Professional Affiliations

  • Associated General Contractors (AGC) of New York State, Member
  • American Bar Association, Member
  • New York State Bar Association, Member
  • Albany County Bar Association, Member
  • Capital District Trial Lawyers Association, Member

Bar Memberships

  • New York
  • United States District Court for the Eastern District of New York
  • United States District Court for the Northern District of New York
  • United States District Court for the Southern District of New York

Publications

  • “New York to Require Contractors to Pay Prevailing Wages on Certain Private Projects” New York State Bar Association, 2020
  • “Contractual Notice Can Make or Break A Claim”, Construction Notes, 2017
  • “2016 Trial Practice, Litigation and CPLR Update” Albany County Bar Association, 2016

Newsroom

Publication

New York to Require Contractors to Pay Prevailing Wages on Certain Private Projects

Stephen Rosemarino and Chad Caplan were recently featured in the New York State Bar Association (NYSBA) Journal. Please visit the link below to read the full article.

Firm News

Elevating Excellence: Hinckley Allen's Newest Partners and Counsel Assume Key Roles in 2024

Hinckley Allen is proud to announce the elevation of three attorneys to Partner and one attorney to Counsel. All attorneys assumed their new positions as of January 1, 2024.The new partners are Alexa T. Millinger, Stephen D. Rosemarino, and Andrea L. Gomes…

Firm News

57 Hinckley Allen Lawyers Included in 2023 Super Lawyers and Rising Stars Lists

A total of 57 Hinckley Allen attorneys were named to the Super Lawyers® and Rising Stars lists in Connecticut, Massachusetts, New Hampshire, Rhode Island, and Upstate New York for 2023, including those newly recognized as well as featured in Top Lists.Ger…

Show More Firm News

Events

Past Event

WEBINAR: Design Assist and Design Delegation

December 10, 2020

As part of the 2020 Construction Industry Conference held by the Associated General Contractors of America and the AGC of New York State, Partner Ronald D. Ciotti and Associate Stephen D. Rosemarino will host a workshop entitled Design Assist and Design De…

Speaking Engagements

  • Lectured on “Design Assist and Design Delegation” at AGC’s Annual Construction Industry Conference, 2020
  • Lectured at AGC’s Annual Construction Industry Conference, 2018
  • Lectured at the Professional Golf Association (PGA) of Northeastern New York’s Spring Membership Meeting, 2018