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Stephen represents clients with respect to construction, business, and contract disputes. He most commonly represents general contractors, construction managers, subcontractors, suppliers, owners/developers, architects and engineers.

In addition to litigating before state and federal courts, administrative agencies and arbitration panels, Stephen also counsels businesses seeking to avoid litigation, and he drafts and reviews contracts and other legal documents. Stephen is a published author on the topics of trial practice and construction contract compliance and he lectures on various subjects.

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 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 so-called 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 manufactured 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
    • Associate (2020-Present)
  • 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)
  • 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-Present)

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 State Courts
  • United States District Court, Northern District of New York
  • United States District Court, Southern District of New York
  • United States District Court, Eastern District of New York

Speaking Engagements

  • 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

News & Insight

Firm News

Hinckley Allen Bolsters Construction Practice with Two New Hires

February 19, 2020

Hinckley Allen is pleased to welcome attorneys Stephen D. Rosemarino and Tavish M. Brown to the Construction & Public Contracts group.Stephen D.Rosemarino joined the firm on Monday, January 27, 2020 as a Construction Associate in the Albany office. Bef…

Publications

  • Author of Construction Notes publication “Contractual Notice Can Make or Break A Claim”, 2017
  • Co-author of “2016 Trial Practice, Litigation and CPLR Update”, published by the Albany County Bar Association