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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 Seventh Circuit) - Affirmed in part and reversed in part. A company that was unaware of a debt discharge [...]

(United States Fifth Circuit) - Affirmed. The bankruptcy court's rejection of a Texas Port Authority's claims [...]

(United States Seventh Circuit) - Reversed. A debtor's property cannot be excluded from the bankruptcy estate in ca [...]

(United States Fifth Circuit) - Affirmed. A bankruptcy court's denial of a request to discharge a 60 year-old disab [...]

(United States Fifth Circuit) - Reversed, vacated, and remanded. Holding that a creditor can establish that its expenses [...]

(United States Second Circuit) - Affirmed. A district court decision affirming a Bankruptcy Court order to remit funds t [...]

(United States Seventh Circuit) - Affirmed. A bankruptcy judge did not commit clear error in finding that a trustee’s di [...]

(United States Seventh Circuit) - Affirmed. The Illinois Child Care Assistance Program could not collect overpayments ma [...]

(United States Seventh Circuit) - Held that the City of Chicago violated the Bankruptcy Code's automatic stay when [...]

(United States Fifth Circuit) - Held that an energy company's Chapter 11 bankruptcy plan did not entitle a class of [...]

(United States Seventh Circuit) - Held that bankruptcy debtors could not appeal the denial of their motion for sanctions [...]

(United States Supreme Court) - Clarified the circumstances in which a court may hold a creditor in civil contempt for a [...]

(United States Fifth Circuit) - In the bankruptcy proceeding of an investment business that had committed securities fra [...]

(United States Supreme Court) - Held that a bankrupt company's rejection of a trademark licensing agreement did not [...]

(United States Fifth Circuit) - Held that a Chapter 13 debtor's attorneys were not entitled to be reimbursed for ad [...]

(United States Fifth Circuit) - Reversed and remanded. Plaintiff received over-payment of Social Security disability pay [...]

(United States Second Circuit) - Held that judicial estoppel did not bar a Sarbanes-Oxley Act whistleblower retaliation [...]

(United States Seventh Circuit) - Held that a Chapter 7 bankruptcy debtor was not entitled to a discharge of debt becaus [...]

(United States Ninth Circuit) - Affirmed a real estate business's Chapter 11 reorganization plan. Held that the pla [...]

(United States Fifth Circuit) - Held that a bankruptcy trustee could conduct a public auction of certain real estate own [...]

(United States Fifth Circuit) - In a lawsuit that a bankruptcy trustee brought against officers and directors of the deb [...]

(United States Ninth Circuit) - Held that a shareholder could not seek statutory damages from a creditor after helping a [...]

(United States Fifth Circuit) - Held that a Chapter 7 bankruptcy debtor's ex-wives were not entitled to notice of h [...]

(United States Fifth Circuit) - In a lien contest among creditors of a bankrupt commercial farm, held that a bank's [...]

(United States Seventh Circuit) - Held that the City of Chicago, which sought to recoup thousands of dollars in parking [...]

(United States Ninth Circuit) - In the bankruptcy proceeding of a distributor of bulk petroleum products, held that a co [...]

(United States Seventh Circuit) - Rejected a mootness argument in a dispute between an insolvent borrower and the holder [...]

(United States Second Circuit) - Held that a bankruptcy trustee may attempt to obtain property that Bernard Madoff' [...]

(United States Fifth Circuit) - Held that a contract to provide financial services was voidable because the company had [...]

(California Court of Appeal) - In a case where a creditor sought to collect a judgment, held that California's Unif [...]

(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) - Restitution award vacated. The FTC sued Defendant for several violations of consumer p [...]

(United States Seventh Circuit) - Reversed. The court reversed the dismissal of a class action consumer fraud and decept [...]

(California Court of Appeal) - Reversed order denying Defendant’s motion to compel arbitration. Plaintiff filed a compla [...]

(United States Ninth Circuit) - Affirmed the district court’s grant of summary judgment in favor of the defendant in an [...]

(Supreme Court of California) - Reversed. The trial court and the court of appeals denied class action certification to [...]

(United States Ninth Circuit) - Reversed district court’s dismissal of Plaintiff’s enforcement action against Defendant [...]

(United States Ninth Circuit) - Affirmed Defendant’s summary judgment against Plaintiff, holding that the Fair Credit Re [...]

(United States Ninth Circuit) - Affirmed. An organization of wireless providers appealed the district court's denia [...]

(United States DC Circuit) - Reversed and Remanded. The district court improperly dismissed a lawsuit in which a woman [...]

(California Court of Appeal) - In a debt collection action, the court found that Defendant was liable for the debt, but [...]

(United States Seventh Circuit) - Vacating a dismissal and remanding. A student loan borrower's complaints about a [...]

(United States Second Circuit) - Affirmed. Plaintiff brought class action suit against Defendant, Coca-Cola Company alle [...]

(California Court of Appeal) - In a car purchaser's successful lemon law suit, held that the trial court used an im [...]

(United States Ninth Circuit) - In an enforcement action brought by the Federal Trade Commission, affirmed a preliminary [...]

(United States Ninth Circuit) - In an en-banc decision, affirmed the approval of a class action settlement in a multidis [...]

(United States Ninth Circuit) - Held that a retail customer must arbitrate a dispute with a package delivery company bec [...]

(United States Ninth Circuit) - Held that a car purchaser did not raise a triable issue that a dealership failed to prov [...]

(United States Ninth Circuit) - Revived a tenant's lawsuit against a company that screens prospective tenants. He b [...]

(United States Supreme Court) - Held that consumers could proceed with an antitrust lawsuit alleging that Apple Inc. use [...]

(California Court of Appeal) - Upheld sanctions that the Department of Motor Vehicles imposed on a car dealer. The deale [...]

(United States Seventh Circuit) - Seventh Circuit affirmed the judgment of the district court when it found defendant vi [...]

(United States Ninth Circuit) - Held that the U.S. Consumer Financial Protection Bureau's structure is constitution [...]

(United States Second Circuit) - Held that recipients of unsolicited spam text messages had legal standing to bring a la [...]

(United States Second Circuit) - Held that tribal sovereign immunity did not bar borrowers from pursuing legal relief ag [...]

(United States Seventh Circuit) - Held that a consumer reporting agency lawfully disclosed the plaintiff's decades- [...]

(United States Seventh Circuit) - Revived businesses' claims that they were sent unsolicited fax advertisements in [...]

(California Court of Appeal) - Revived an automobile lessee's lawsuit against a car dealership. Held that the deale [...]

(United States Ninth Circuit) - Revived a consumer's claim that a nonprofit corporation involved in student loans w [...]

(California Court of Appeal) - Reversed most of a judgment against a mobile home park. The residents contended that the [...]

(California Court of Appeal) - Reversed most of a judgment against a mobile home park. The residents contended that the [...]

(United States Second Circuit) - Held that a consumer could not proceed with a claim that a debt collection letter unlaw [...]

(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 [...]

(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 [...]