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Mr. Kirby concentrates his practice in business and commercial litigation and in appeals. Mr. Kirby's litigation experience has encompassed a broad range of substantive practice areas. Mr. Kirby has represented business clients embroiled in disputes over commercial land rights, including litigation involving rights of first refusal to purchase, and commercial easements over real property. He has represented parties to non-compete agreements. Mr. Kirby has also represented other professionals, including accountants and attorneys, charged with professional malpractice. He represented the mayor of the City of Buffalo in Arthur v. Nyquist, the Buffalo Public Schools System Desegregation Case.
In addition to representing business and professional clients, Mr. Kirby has argued or briefed, for both his own clients and clients referred to him by other attorneys seeking to take advantage of his extensive appellate knowledge and know-how, over 100 appeals. Mr. Kirby has appeared in all state appelate courts and the United States Court of Appeals for the Second Circuit. Among the appeals Mr. Kirby has argued was one that established, for his severely injured young client, a private right of action against a merchant that had, in violation of a General Business Law provision prohibiting the same, sold a BB gun and ammunition to a minor under the age of sixteen.
Counsel
Tel: 716.853.5100
Fax: 716.853.5199
Email: kkirby@lippes.com
Peer Recognition :
- Nominated for inclusion in
Buffalo Business First's 2007 "Who's Who in Law", Appelate Attorney category.
Publications:
- Author, The Six-Year Legal Malpractice Statute of Limitations: Judicial Usurpation of the Legislative Prerogative? (New York State Bar Journal. December 1994) (Article's publication precipitated curative legislation restoring non-medical professional malpractice statute of limitations to three years).
Education:
- State University of New York at Buffalo School of Law (J.D. 1982)
- State University of New York at Buffalo (B.A. Political Science and History 1979, Phi Beta Kappa)
Admitted to Practice:
- State of New York
- United States Supreme Court
- United States Court of Appeals for the Second Circuit
- United States District Court, Western District of New York
- United States Bankruptcy Court, Western District of New York
Professional Associations:
- New York State Bar Association
- Bar Association of Erie County
- Defense Trial Lawyers Association of Western New York
Activities:
- Judge, University of Buffalo Law School Appellate Advocacy Program
- University of Buffalo Law School Mentoring Program
- Lector, St. Benedict's Roman Catholic Church, Eggertsville, New York
- Formerly, Buffalo Water Board Member
- Formerly, Buffalo Police Reorganization Commission Member
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