Michael McDermott

Of Counsel

East Meadow, New York

Michael’s practice, spanning for more than 20 years, focuses on construction and surety law. He has represented owners, general contractors, sureties, subcontractors and other entities on both public and private projects, ranging from private residences, public schools and residential and mixed use high rises, through a new medical research facility valued at over $400M. Michael also has extensive experience with the complexities of public contracting and was a Principal Attorney at the New York City School Construction Authority for a number of years.
Michael has handled all aspects of construction litigation through pleadings, discovery and trial. Michael has an extensive track record of success as first-chair trial counsel and in the appellate courts and has argued some of the leading construction law cases in New York State, including cases that have been decided by the Court of Appeals.
In addition to this vast litigation experience, Michael also has broad experience with contractor defaults and has represented contractors, sureties and an owner in dozens of default hearings and meetings. Michael has the unique experience of being involved in default proceedings from the public owner’s perspective.
Michael’s experience also includes employment, insurance and general liability matters.

Michael McDermott

Representative cases

  • 261 E. 78th Realty Corp. v. William N. Bernstein, Architects, PLLC, 98 A.D.3d 893, 950 N.Y.S.2d 704 (1st Dep’t 2012)
  • A.C. Legnetto Constr. v. Hartford Fire Ins. Co., 92 N.Y.2d 275, 680 N.Y.S.2d 45 (1998)
  • A.H.A. Gen. Constr., Inc. v. New York City Hous. Auth., 92 N.Y.2d 20, 677 N.Y.S.2d 9 (1998)
  • Alstrin v. St. Paul Mercury Ins. Co., 179 F. Supp.2d 376 (D. Del. 2002)
  • Aneja v. M.A. Angeliades, Inc., 2008 U.S. Dist. LEXIS 30602 (S.D.N.Y. 2008)
  • Aneja v. M.A. Angeliades, Inc., 2010 U.S. Dist. LEXIS 3035 (S.D.N.Y. 2010)
  • Brandy v. Canea Mare Contr., Inc., 34 A.D.3d 512, 825 N.Y.S.2d 230 (2d Dep’t 2006)
  • Cement & Concrete Workers Dist. Council v. Frascone, 68 F. Supp.2d 166 (E.D.N.Y. 1999)
  • L & L Painting Co. v. Contract Dispute Board, 14 N.Y.3d 827, 900 N.Y.S.2d 723 (2010)
  • L & L Painting Co. v. Contract Dispute Board, 68 A.D.3d 594, 892 N.Y.S.2d 55 (1st Dep’t 2009)
  • L & L Painting Co. v. Odyssey Contr. Corp., 2008 U.S. Dist. LEXIS 55385 (S.D.N.Y. 2008)
  • Mason Tenders Dist. Council v. Rubino, 2001 U.S. Dist. LEXIS 515 (E.D.N.Y. 2001)
  • Mid City Constr. Co. v. Sirius Am. Ins. Co., 70 A.D.3d 789, 894 N.Y.S.2d 113 (2d Dep’t 2010)
  • Morin v. Empiyah & Co., LLC, 389 F. Supp.2d 506 (S.D.N.Y. 2005)
  • Nobel Ins. Co. v. Hudson Iron Works, Inc., 111 F. Supp.2d 373 (S.D.N.Y. 2000)
  • Nobel Ins. Co. v. Hudson Iron Works, Inc., 51 F. Supp.2d 408 (S.D.N.Y. 1999)
  • Panetta v. Paramount Communications, 255 A.D.2d 568, 681 N.Y.S.2d 85 (2d Dep’t 1998)
  • Pav-Lak Contr. Inc. v. McGowan, 184 Misc.2d 386, 714 N.Y.S.2d 855 (Sup. Ct. 2000)
  • Teitler v. Max J. Pollack & Sons, 288 A.D.2d 302, 733 N.Y.S.2d 122 (2d Dep’t 2001)
  • Vega v. Credit Bureau Enters., 2003 U.S. Dist. LEXIS 11539 (E.D.N.Y. 2003)
  • Windsor Metal Fabricators v. General Acc. Ins. Co., 94 N.Y.2d 124, 700 N.Y.S.2d 90 (1999)

Michael McDermott

Articles and Presentations

  • “The Clock is Ticking: Political and Performance Based Pressures During Contract Administration,” American Bar Association, Tort and Insurance Practice Section, Fidelity & Surety Law Committee, Mid-Winter Program on January 23, 2014 - Panelist
  • Old Republic Surety Company, Presentation on Performance Bond Issues, February 2017 annual meeting, February 2017 - Individually and as a Panelist
Michael McDermott

Professional
Memberships

  • Financial Industry Regulatory Authority, arbitrator
  • Rockaway Artist Alliance, volunteer general counsel

Practice Areas

  • Construction and surety law
  • Commercial litigation

Bar Admissions

  • New York, 1997
  • U.S. District Court, Southern District of New York, 1997
  • U.S. District Court, Eastern District of New York, 1997
  • U.S. District Court, Northern District of New York, 2006
  • U.S. Court of Appeals, Second Circuit, 1997

Education

  • J.D., George Washington University Law School, 1996
  • B.A., University of Chicago, 1992