Rules Have Teeth: Discovery Motion Denied Over Noncompliance with Commercial Division Rule 14

James R. Maguire represents businesses, contractors, and individuals in all aspects of commercial litigation matters. His experience involves a wide range of complex litigation matters, including contract claims, fraud claims, breach of fiduciary duty claims, real property disputes, and mechanic’s lien foreclosures. James’ trial experience includes direct and cross-examination of witnesses and drafting pre-trial briefs. He is also experienced in motion practice including researching, drafting, and arguing motions for dismissal, summary judgment, and preliminary injunctions.
Before becoming an associate at the firm, James was a law clerk and summer associate with Farrell Fritz. He was also a legal intern in the Special Litigation Unit at the New York City Department of Law, a law clerk at a boutique litigation law firm, and a paralegal at the Queens District Attorney’s Office. While in law school, James served as an Articles Editor for the Hofstra Labor & Employment Law Journal. He was also a legal intern for the Hofstra Law Community and Economic Development Clinic.
Read MoreExperience
- Secured pre-answer dismissal of a mechanic’s lien foreclosure action on behalf of a local high school.
- Obtained summary judgment for a weapons manufacturer on breach of contract and UCC Article 2 claims.
- Secured dismissal of CPLR 3213 motion for summary judgment in lieu of complaint based on defective service of process on behalf of a restaurant owner.
- Successfully defended a general contractor against subcontractor’s breach of contact claims by enforcing the subcontract’s shortened contractual statute of limitations provision.
- Represented a homeowner through a two-week breach of contract and construction defect jury trial in Suffolk County Supreme Court.
- Favorably resolved contentious litigation on behalf of an environmental remediation client involving the cleaning and removal of petroleum tanks from a work site.
- Successfully opposed a motion to vacate a default judgment based on a construction company’s failure to appear by counsel under CPLR 321(a).
Community Work
- Queens Botanical Garden, Board of Trustees
Recognition
- Best Lawyers, Ones to Watch – Commercial Litigation – 2025-2026
- New York Metro Super Lawyers Rising Star – Commercial Litigation – 2025
- Nassau County Bar Association Access to Justice Pro Bono Award, 2023 Recipient
Additional Information
Practice Areas
Education
Affiliations and Appointments
New York State Bar Association, Member
Nassau County Bar Association, Member
The Irish American Bar Association of New York, Member
Admissions
Bar Admissions
New York
Court Admissions
United States District Court, Eastern New York
United States District Court, Southern New York
Insights
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