James R. Peluso

Partner at Dreyer Boyajian LLP

James R. Peluso represents clients in a wide range of state and federal court matters, including complex litigation and class actions. Mr. Peluso graduated magna cum laude from Siena College, earning a Bachelor's in Business Administration. He received his Juris Doctorate from Albany Law School, where he served as Executive President of the Student Bar Association and Executive Editor for Symposium of the Albany Law Review.

Areas of Practice

  • Class Actions
  • Mass Torts
  • Personal Injury
  • Defective Products
  • Consumer Fraud
  • Environmental Law
  • Business Counseling
  • Commercial Litigation
  • Insurance Coverage
  • Municipal Law

Bar Admissions

  • New York, 2001
  • U.S. Supreme Court, 2008
  • U.S. Court of Appeals 2nd Circuit, 2006
  • U.S. District Court Northern District of New York, 2001
  • U.S. District Court Southern District of New York, 2005
  • U.S. District Court District of Vermont, 2015

Education

  • Albany Law School Union University, Albany, New York
    • J.D. - 2000
    • Honors: Executive President of the Student Bar Association
    • Law Review: Executive Editor for Symposium
  • Siena College, Loudonville, New York
    • B.B.A. magna cum laude - 1997
    • Major: Accounting

Representative Cases

  • Bellotti v. Smiley Brothers, Inc., 2014 WL 10962079 (Sup. Ct. December 15, 2015) (certifying class action on behalf of hundreds of persons who suffered gastrointestinal illness from norovirus outbreak at resort hotel)
  • Kosowsky v. Willard Mountain, Inc., 2015 WL 9582042 (Sup. Ct. March 31, 2015) (granting landlord summary judgment on fraud and breach of contract claims against ski resort tenant)
  • Town of Halfmoon v. General Electric Company, 105 F.Supp.3d 202 (N.D.N.Y. 2015) (denying summary judgment seeking dismissal of CERCLA and New York Navigation Law claims for PCB contamination of public water supplies)
  • Springer v. State, 2013 WL 11235875 (N.Y. Ct. Cl. September 27, 2013) (denying summary judgment seeking dismissal of class action claims involving 2,500 persons who suffered illness from cryptosporidium outbreak after visiting water park or from secondary exposure)
  • Kosowsky v. Willard Mountain., Inc., 90 A.D.3d 1127, 934 N.Y.S.2d 545 (3d Dep’t 2011) (denying motion to dismiss complaint alleging fraud and breach of contract claims under commercial lease agreement)
  • Village of Stillwater v. General Electric Company, 2010 WL 4025601; 2010 U.S. Dist. LEXIS 109028 (N.D.N.Y. Oct. 13, 2010) (denying motion for reverse bifurcation of federal and state environmental claims alleging PCB contamination of public water supplies)
  • Morrissey v. Nextel Partners, Inc., 72 A.D.3d 209, 895 N.Y.S.2d 580 (3d Dep’t 2010) (reversing dismissal of class action complaint and certifying consumer class action alleging deceptive and unfair cell phone billing practices).
  • Elsey v. Clark Trading Corp., 57 A.D.3d 1330, 871 N.Y.S.2d 439 (3d Dep’t 2008) (reversing summary judgment and reinstating claims against supermarket and snowplow contractor for dangerous ice condition)
  • NXIVM Corporation v. O’Hara, 241 F.R.D. 109 (N.D.N.Y. 2007) (compelling the production of alleged attorney-client protected documents under crime-fraud exception and holding that documents disclosed to public relations firm waived attorney-client and work product privilege)
  • Arroyo v. State, 12 Misc 3d 1197(A), 824 N.Y.S.2d 767; 2006 WL 2390619; 2006 N.Y. Misc. LEXIS 2227 (Ct. Cl. 2006) (certifying class action on behalf of 2,500 persons infected by cryptosporidium outbreak at water park)

Classes/Seminars

  • Speaker, New York State Trial Lawyers Association Decisions, Labor Law, 2012 - 2013

Honors and Awards

  • Super Lawyers, Upstate New York Edition Rising Stars, 2013 - 2015

Professional Associations and Memberships

  • New York State Bar Association, Member
  • Northern District of New York Federal Bar Association, Member
  • New York State Trial Lawyers Association, Member
  • New York State Academy of Trial Lawyers, Member
  • Albany County Bar Association, Member
  • Italian-American Bar Association, Member

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