Philip S. Ross

Philip S. Ross is a member of Hoffinger, Stern and Ross, LLP. His practice is wide and varied. Since becoming a member of the New York State Bar in 1974, he has litigated matters in both the federal and state courts and has argued appeals before the United States Court of Appeals for the Second Circuit, and before the Appellate Division of the New York State Supreme Court, for the First, Second and Third Departments.

Federal Court Practice
He has litigated issues involving admiralty, employment law (including age and gender discrimination), and commercial and contractual disputes. The litigation has included motion practice, discovery, bench and jury trials, mediations and appeals.

A number of the cases which he has litigated have been reported. Examples include the following:

Saks International Inc. v. MV Export Champion, 817 F.2d 1011 (2nd Cir. 1987) – a maritime cargo case in which Mr. Ross successfully recovered damages against a third party defendant and which judgment was affirmed on appeal;
Peterson v. Insurance Company of North America, 40 F.3d 26 (2nd Cir. 1994) – an age discrimination case in which Mr. Ross successfully obtained a reversal of the dismissal of the action on appeal;
O'Hearn v. Bodyonics, Ltd, 56 F. Supp. 2d 302 (E.D.N.Y. 1999) – a commercial case in which Mr. Ross successfully opposed and obtained a denial of a motion for civil contempt against his client; and
Engler v. Cendant Corporation, 434 F. Supp. 2d 119 (E.D.N.Y. 2006) – an ERISA claim in which Mr. Ross successfully opposed and defeated a motion to dismiss the complaint.

State Practice
In the state courts, he has litigated real estate matters, including residential and commercial summary proceedings, commercial lease issues, employment issues, estate matters, matrimonial matters, partnerships and corporate dissolutions and defamation cases. He has also probated wills and assisted in administering estates, including, most recently, a multi-million dollar estate in which a minor was involved, requiring the filing of a final judicial accounting. As in the federal courts, the litigation in state courts has included motion practice, discovery, bench and jury trials, mediations and appeals. He has also participated in state administrative hearings.

A number of the cases he has litigated in the state courts and administrative agencies have also been reported. Examples include the following:

Birnbaum v. 225 Broadway Company, 50 A.D.2d 558 (2nd Dept. 1975) – a commercial lease matter in which the Appellate Division affirmed Mr. Ross' client's position that a commercial tenant was not entitled to his request for reformation of the lease;
Byrne v. Byrne, 240 A.D.2d 689 (2nd Dept 1997) – a matrimonial case in which the Appellate Division affirmed Mr. Ross' client's opposition to his wife's motion for temporary child support; and
In the Matter of Gustave Meyer, 303 A.D.2d 682 (2nd Dept. 2003) – an estate matter in which the Appellate Division affirmed Mr. Ross' client's position that the statute of limitations and laches did not bar her request for an accounting.
In the Matter of Housing Preservation and Development v. Martin Weise OATH, Index No. 2732/2008 (January 12, 2009) – a landlord tenant matter in which after a four day hearing, it was recommended that the application of the landlord, Mr. Ross' client, for a Certificate of No Harassment be granted on a finding that the evidence was inadequate to find harassment.

General Practice
Mr. Ross has also drafted many types of agreements, including partnership agreements, employment agreements, operating agreements, termination agreements, commercial and residential leases and wills.

Education
Mr. Ross obtained his law degree from the Fordham University School of Law in 1973. He was awarded a B.A. degree with a major in history from Middlebury College in 1967.