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At Brian McCaffrey, Attorney at Law, P.C., our clients come first. Every client is treated with courtesy and is guaranteed effective representation. Our expertise and integrity have earned us a reputation as one of New York's premier legal firms.

We pride ourselves on bringing high-quality, affordable legal services to the people of New York. Flat Fee Pricing and Payment Plans are available in many cases.

Our consistent track record of uncompromising ethics instills confidence and trust. We use cutting edge technologies that allow us to respond quickly, and give you the most relevant information and perspectives.

Brian McCaffrey, Attorney at Law, P.C. is dedicated to achieving the best outcome for every client.

Recent Cases

  • Bankruptcy
  • Cons. Prot.
  • NY Court of Appeals

(United States Fifth Circuit) - Affirmed the dismissal of an appeal in a matter concerning the bankruptcy of a shipbuild [...]

(United States Fifth Circuit) - Held that bankruptcy trustees are entitled to qualified immunity for personal harms caus [...]

(United States Seventh Circuit) - Held that the sole owner of an electrical contracting company could discharge a debt i [...]

(United States Fifth Circuit) - Held that energy companies emerging from bankruptcy did not have to pay certain creditor [...]

(United States Second Circuit) - Affirmed a judgment in a dispute between two creditors of an agricultural produce compa [...]

(United States Fifth Circuit) - Held that a fired chief executive officer could sue the company's secured creditor [...]

(United States Ninth Circuit) - Held that a bankruptcy debtor who sought damages for willful violation of the automatic [...]

(United States Ninth Circuit) - In a case involving the City of Stockton's municipal bankruptcy, dismissed an appea [...]

(United States Ninth Circuit) - Held that a Chapter 7 debtor was not allowed to amend a bankruptcy schedule to reflect a [...]

(California Court of Appeal) - In a Chapter 7 bankruptcy case, held that when the nature of a debt is such that its disc [...]

(United States Seventh Circuit) - Held that the receiver for a failed bank, the Federal Deposit Insurance Corporation, d [...]

(United States Ninth Circuit) - Held that the time period in which a creditor could execute on an Order for Appearance a [...]

(United States Ninth Circuit) - Affirmed that Chapter 11 of the Bankruptcy Code did not permit the co-founders of severa [...]

(United States Third Circuit) - Held that a company that entered into an unconsummated merger agreement was not entitled [...]

(United States Third Circuit) - Held that the bankruptcy court correctly disallowed a claim brought by the debtor's [...]

(United States Ninth Circuit) - Held that the Internal Revenue Service could be liable for emotional-distress damages fo [...]

(United States Ninth Circuit) - Held that former board members of a corporation lacked corporate authority when they fil [...]

(United States Third Circuit) - Affirmed the dismissal of a lawsuit brought by investors of a bankrupt company who claim [...]

(United States Second Circuit) - Affirmed the dismissal of a Chapter 7 involuntary bankruptcy petition filed by a debtor [...]

(United States First Circuit) - Vacated an order denying a request by Puerto Rico Electric Power Authority (PREPA) bondh [...]

(United States Ninth Circuit) - Affirmed the denial of two law firms' challenges to a court-approved Chapter 11 ban [...]

(United States First Circuit) - Reversed a bankruptcy ruling that allowed a creditor to amend its pleadings belatedly. T [...]

(United States Ninth Circuit) - Reversed summary judgment in favor of a condominium association seeking assessments that [...]

(United States First Circuit) - Affirming that an employee of the Internal Revenue Service willfully violated an order f [...]

(United States Supreme Court) - Affirming the determination that a debtor's misrepresentation regarding a single as [...]

(United States Ninth Circuit) - Reversing a district court order affirming the bankruptcy court and vacating the bankrup [...]

(United States Supreme Court) - Reversing and remanding the award of restitution for legal, accounting, and consulting f [...]

(United States Ninth Circuit) - Reversing the district court's dismissal for lack of standing of an appeal from a b [...]

(United States Ninth Circuit) - Affirming the district court's affirmation of a bankruptcy court's turnover or [...]

(United States Ninth Circuit) - Affirming the Bankruptcy Appellate Panel's opinion reversing the bankruptcy court [...]

(United States First Circuit) - Affirming the dismissal of the complaint in the case of a suit seeking a determination o [...]

(United States Ninth Circuit) - Affirming in part and vacating in part the district court judgment affirming a bankruptc [...]

(California Court of Appeal) - Partially granting and partially denying a motions for the award of sanctions following t [...]

(United States Fourth Circuit) - Reversing a bankruptcy court's refusal to strip valueless liens from a Chapter 13 [...]

(United States Second Circuit) - Affirming and remanding a district court order affirming the decision of the United Sta [...]

(United States Supreme Court) - Affirming the Ninth Circuit's review of a Bankruptcy Court determination that a tra [...]

(United States Supreme Court) - Affirming a Seventh Circuit reversal of a District Court determination that a safe harbo [...]

(United States Fourth Circuit) - Affirming the bankruptcy court's decision denying a motion to dismiss a bankruptcy [...]

(United States Ninth Circuit) - Affirming the district court's affirmation of a bankruptcy court's order appro [...]

(California Court of Appeal) - Affirming an order denying the plaintiff's claim to surplus funds deposited with the [...]

(United States Seventh Circuit) - Held that a debt collector did not violate the Fair Debt Collection Practices Act by r [...]

(United States Second Circuit) - Held that a consumer could not proceed with a proposed class action challenging electri [...]

(United States Second Circuit) - Held that thirteen collection agencies violated federal law in collecting payday loan a [...]

(United States Ninth Circuit) - Held that makers of vitamin E supplements did not violate California laws against false [...]

(United States Second Circuit) - Held that an arbitration clause in an online consumer contract was unenforceable becaus [...]

(United States Ninth Circuit) - Held that Fannie Mae is not a consumer reporting agency and thus could not be sued over [...]

(California Court of Appeal) - Held that the trial court improperly reduced the amount of attorney fees to which vehicle [...]

(United States Ninth Circuit) - Revived a consumer's claim that certain nutritional supplements were falsely labele [...]

(United States Fifth Circuit) - Held that a bank was not vicariously liable, as a matter of law, for its loan servicer [...]

(California Court of Appeal) - Held that the trial court awarded too little in attorney fees to a vehicle purchaser who [...]

(United States Second Circuit) - Revived a consumer lawsuit alleging that Cheez‐It crackers are misleadingly labeled as [...]

(United States Seventh Circuit) - Affirmed the dismissal of a consumer's proposed class action, which alleged that [...]

(United States Ninth Circuit) - Reinstated a borrower's Truth in Lending Act lawsuit seeking to rescind a loan for [...]

(United States Ninth Circuit) - Held that the Federal Trade Commission Act could support an order compelling an online p [...]

(United States Fifth Circuit) - Reversed an order compelling arbitration of a consumer's claims. The consumer conte [...]

(United States Second Circuit) - Revived a proposed class action alleging that a company violated the Telephone Consumer [...]

(California Court of Appeal) - Held that homeowners could not bring a class action asserting a claim under California [...]

(United States Seventh Circuit) - Affirmed the certification of a class action alleging that a software company's d [...]

(United States Seventh Circuit) - Held that a collection agency acted lawfully in requiring a consumer to pay a $100 adm [...]

(United States Ninth Circuit) - Reinstated a consumer's proposed class action lawsuit against a manufacturer of nut [...]

(United States Ninth Circuit) - Revived a consumer's claim that a supermarket chain mislabeled its packaged bread c [...]

(United States Ninth Circuit) - Vacated an award of attorney fees but otherwise affirmed the district court's appro [...]

(California Court of Appeal) - Revived a homeowner's lawsuit against a loan servicer alleging that she was not allo [...]

(United States Ninth Circuit) - Reinstated a consumer's claim that a business violated the Telephone Consumer Prote [...]

(California Court of Appeal) - Reversed a judgment that a realty title company had charged consumers unauthorized fees i [...]

(California Court of Appeal) - Held that a consumer should have survived a demurrer on his claims that a pharmaceutical [...]

(United States Third Circuit) - Held that a consumer who purchased baby powder without being informed that it increased [...]

(United States First Circuit) - Affirmed the dismissal of a consumer complaint alleging that manufacturers of prescripti [...]

(California Court of Appeal) - Petition for writ of mandate denied in a case where The People of California filed suit t [...]

(United States Third Circuit) - Reinstated a claim that a debt collector violated the Fair Debt Collection Practices Act [...]

(United States Ninth Circuit) - Held that a consumer bringing a class action under the Fair Debt Collection Practices Ac [...]

(Supreme Court of California) - Held that bus drivers could proceed with their suit alleging that they were not adequate [...]

(Supreme Court of California) - Held that an unduly oppressive interest rate on consumer loans of $2,500 or more can ren [...]

(United States Ninth Circuit) - Affirmed the dismissal of a private antitrust action brought by consumers seeking to enj [...]

(California Court of Appeal) - Held that a consumer had standing to sue an electronics retailer for posting false inform [...]

(United States Second Circuit) - Vacated dismissal of a consumer's claims that a debt collector violated the Fair D [...]

(United States First Circuit) - Affirmed summary judgment against a homeowner's claim that Wells Fargo Bank breache [...]

(United States Second Circuit) - Vacated the certification of a consumer class action alleging that Johnson & Johnso [...]

(United States Second Circuit) - Affirmed sanctions imposed against a plaintiff for bringing a frivolous class action la [...]

(California Court of Appeal) - Affirmed the denial of an attorney fee award in a consumer lawsuit filed by purchasers of [...]

(Court of Appeals of New York) - Conviction for first-degree robbery is reversed and a new trial ordered where: 1) skin [...]

(Court of Appeals of New York) - Conviction for criminal possession of a weapon is affirmed where: 1) defendant failed t [...]

(Court of Appeals of New York) - In a negligence action, the Appellate Division's grant of defendant's motion [...]

(Court of Appeals of New York) - Conviction for manslaughter is reversed where the trial court abused its discretion by [...]

(Court of Appeals of New York) - In an injury and tort action, brought against defendant city after twelve-year old plai [...]

(Court of Appeals of New York) - In a civil action, arising from an auto accident allegedly caused by defendant school d [...]

(Court of Appeals of New York) - Conviction for coercion in the first-degree relating to defendant's harassment of [...]

(Court of Appeals of New York) - Conviction for second-degree burglary and robbery is affirmed where the trial court did [...]

(Court of Appeals of New York) - Answering a certified question from the U.S. Court of Appeals for the Second Circuit, t [...]

(Court of Appeals of New York) - Conviction for second-degree murder is affirmed where defendant's trial counsel di [...]

(Court of Appeals of New York) - Conviction for manslaughter and possession of a weapon is affirmed where the trial cour [...]

(Court of Appeals of New York) - Conviction for multiple robberies is reversed and remanded. The Court held that a lineu [...]

(Court of Appeals of New York) - In consolidated criminal actions concerning the People's change of their readiness [...]

(Court of Appeals of New York) - In a contracts action arising from a dispute over the auction sale of a syndicated loan [...]

(Court of Appeals of New York) - In a consolidated family law appeal, the court overruled its decision in Alison D. v. V [...]

(Court of Appeals of New York) - In an election law action, concerning whether Steven Glickman, a candidate for the stat [...]

(Court of Appeals of New York) - In an employment action, arising after a tenured teacher resigned his position to teach [...]

(Court of Appeals of New York) - Conviction for second-degree murder and fist degree assault is affirmed where the trial [...]

(Court of Appeals of New York) - Conviction for first-degree murder and other crimes is affirmed. The Court held that Ne [...]

(Court of Appeals of New York) - Conviction for assaults and related offenses is affirmed where a parent or guardian can [...]

(Court of Appeals of New York) - Conviction for criminal sale of a controlled substance is affirmed where defendant was [...]

(Court of Appeals of New York) - In a personal injury action, arising after plaintiff, a minor child, was exposed to lea [...]

(Court of Appeals of New York) - Conviction for multiple counts of robbery and larceny is affirmed where the People [...]

(Court of Appeals of New York) - In an injury and tort action, brought against defendants ABC News, a hospital, and atte [...]

(Court of Appeals of New York) - In an insurance action, brought by plaintiff insurance companies seeking declaratory re [...]

(Court of Appeals of New York) - Conviction for second-degree intentional murder is affirmed where defendant's atto [...]

(Court of Appeals of New York) - In a health action challenging the New York State Office of Parks, Recreation and Histo [...]

(Court of Appeals of New York) - In a trusts and estates action, the Appellate Divisions' order is affirmed where d [...]

(Court of Appeals of New York) - In an environmental action, challenging a Town Board's positive declaration under [...]

(Court of Appeals of New York) - Conviction for first-degree burglary and assault is affirmed where: 1) defendant's [...]

(Court of Appeals of New York) - Conviction for murder in the second degree and related offenses are affirmed where the [...]

(Court of Appeals of New York) - Conviction for murder in the second degree and related offenses are affirmed where the [...]

(Court of Appeals of New York) - Conviction for robbery in the second degree is reversed where the admission of a non-te [...]

(Court of Appeals of New York) - Conviction for gang assault and weapons possession is reversed where the admission of a [...]

(Court of Appeals of New York) - Conviction for felony murder and rape is reversed where the trial court abused its disc [...]

(Court of Appeals of New York) - In a real estate and property action, arising after the Manhattan Department of Buildin [...]

(Court of Appeals of New York) - Conviction for criminal possession of a weapon in the second and third degrees is vacat [...]

(Court of Appeals of New York) - In a false arrest case contending that police invented a false confession to aid in the [...]

(Court of Appeals of New York) - Sentence for robbery in the first degree based on a prior conviction for assault in the [...]

(Court of Appeals of New York) - Sentence following conviction for criminal sale of a controlled substance in the third [...]