Mary L. D’Agostino is a partner in the Firm’s litigation practice. She represents businesses, municipalities, public officials, and other clients in complex civil litigation in state and federal courts. Her practice includes commercial disputes, civil rights and municipal litigation, and federal and state appellate advocacy. She has experience at all stages of litigation, including dispositive motion practice, jury trials, post-trial proceedings, and appeals.
Previously, she served as a Law Clerk to U.S. Magistrate Judges Christian F. Hummel and David E. Peebles, as an Appellate Court Attorney with the Appellate Division, Fourth Department and as an Assistant Corporation Counsel for the City of Syracuse.
Ms. D’Agostino is a graduate of Le Moyne College and received her J.D. degree from Albany Law School of Union University. She is admitted to practice in New York and before multiple federal courts.
Representative Matters
- Obtained a complete defense verdict on behalf of two police officers following a federal jury trial in a 42 U.S.C. § 1983 civil rights action alleging fabrication of evidence and malicious prosecution in the United States District Court for the Northern District of New York.
- Obtained dismissal of federal race discrimination, hostile work environment, and retaliation claims brought under Title VII and 42 U.S.C. § 1983 on behalf of multiple police officers. The United States Court of Appeals for the Second Circuit affirmed the dismissal in its entirety.
- Represented commercial plaintiffs in obtaining partial summary judgment in a business dispute and successfully defended the judgment on appeal, resulting in a unanimous affirmance by the Appellate Division, Fourth Department.
- Obtained summary judgment dismissing a Fair Housing Act religious-discrimination claim in federal court, resulting in dismissal of the action against the client.
- Successfully prosecuted an appeal on behalf of municipal defendants in a negligence action arising from a motor-vehicle accident involving a police officer, obtaining unanimous reversal of the trial court’s order and dismissal of the complaint.
- Successfully defended a municipality on appeal in a negligence action arising from a police response to an armed standoff, obtaining unanimous affirmance of summary judgment dismissing the complaint
