• Peter J. Fogarty

    Associate

    pfogarty@quinnmccabe.com
    Direct line: 646-502-6324

    Peter Fogarty represents developers, design professionals, and construction firms in both litigation and transactional matters.  Mr. Fogarty honed his litigation skills through his prior service as an Assistant Corporation Counsel at the New York City Law Department, where he obtained defense verdicts on behalf of his clients at trial.  While at the New York City Law Department, Mr. Fogarty received both the Rookie of the Year Award and the Division Chief Award.

    Mr. Fogarty received his bachelor’s degree, magna cum laude with distinction, from James Madison University.  He obtained his law degree, magna cum laude, from Brooklyn Law School, where he served as Vice President of the Appellate Advocacy Division of the Moot Court Honor Society and was a member of the Brooklyn Journal of International Law.

    Bar Admissions

    State of New York
    State of New Jersey
    United States District Court, Southern and Eastern Districts of New York
    United States District Court, District of New Jersey

  • James P. Kelly

    Associate

    jkelly@quinnmccabe.com

    Direct line: 646-502-6316

    James Kelly represents property owners, developers, construction firms, and design professionals in both litigation and transactional matters.  Mr. Kelly handles a variety of construction-related litigation matters, including those associated with defect and damage claims, contractor and subcontractor disputes, foreclosure and discharge of mechanic’s liens, and insurance disputes.  Mr. Kelly also drafts and negotiates a variety of contracts and agreements pertinent to the construction industry, including neighbor access agreements and contractors/consultant agreements. 

    Mr. Kelly received his bachelor’s degree, summa cum laude, from Fordham University. He obtained his law degree from Fordham University School of Law, where he was a member of the Fordham Environmental Law Review. At Fordham University School of Law, Mr. Kelly received the Archibald R. Murray Public Service Award and was selected as a Ruth Whitehead Whaley Scholar.

    Bar Admissions

    State of New York

  • Jonathan H. Krukas

    Associate

    jkrukas@qmlegal.com

    Direct line: 212-447-5560

    Jonathan Krukas has extensive experience representing clients in the construction industry, including project developers, property owners, contractors, architects, engineers, interior designers and material suppliers, in both litigations and in transactional matters.    In 2016, Mr. Krukas was selected as a “Rising Star” in the field of Construction Litigation by New York Super Lawyers magazine. 

    Mr. Krukas represents clients in a wide array of construction-related litigations and claims, including those associated with construction defects and delays, petitions for court-ordered licenses, professional malpractice, insurance disputes and indemnification obligations, at both the trial and appellate levels.  When litigating matters, Mr. Krukas leverages his experience in alternative dispute resolution to pursue favorable, cost-effective results.  However, where settlement is not possible, he skillfully litigates actions on behalf of clients.  Recently, Mr. Krukas completed a several week trial which resulted in a jury verdict in the full amount of the client’s claim. 

    Mr. Krukas also has broad experience drafting, negotiating and analyzing agreements for clients.  He regularly negotiates neighbor access agreements on behalf of both developers and adjacent property owners.  He also represents clients in the negotiation of construction manager agreements, subcontractor agreements and architect and consultant agreements in connection with major construction projects.  Mr. Krukas also advises and assists clients with corporate governance and ownership transition issues, including drafting and negotiating purchase agreements, shareholder agreements, operating agreements, partnership agreements and employment agreements.    

    Mr. Krukas received his bachelor’s degree from St. John’s University, where he graduated cum laude, and his law degree from St. John’s University School of Law. 

    Bar Admissions

    State of New Jersey
    State of New York
    United States District Court, Southern and Eastern Districts of New York
    United States District Court, District of New Jersey

    Recent Speaking Engagements

    Uproar Next Door: Adjacent Construction Concerns, Simpson Gumpertz & Heger Seminar Series

  • David M. Peraino

    Associate

    dperaino@qmlegal.com

    Direct line: 212-447-5540

    David Peraino represents developers, property owners, and general contractors in a variety of construction-related litigations and claims.  His practice also focuses on transactional matters, including drafting and negotiating licenses and access agreements in connection with construction projects.

    Mr. Peraino received his bachelor’s degree, magna cum laude, from Providence College.  He obtained his law degree, magna cum laude, from Brooklyn Law School, where he was a member of the Moot Court Honor Society, Trial Advocacy Division and served as Associate Managing Editor of the Brooklyn Journal of International Law

    Bar Admissions

    State of New York
    State of Massachusetts
    United States District Court, Southern and Eastern Districts of New York

  • Kevin Scully

    Associate

    kscully@quinnmccabe.com

    Direct line:  212-447-5533

    Kevin Scully received his bachelor’s degree from Loyola University Maryland and his law degree, cum laude, from Brooklyn Law School in 2011.  His note, The Most Dangerous Game: U.S. Opposition to the Cultural Exception, was published in the Brooklyn Journal of International Law, for which he served as Associate Managing Editor.  

    Mr. Scully represents real estate developers, property owners, contractors, material suppliers and design professionals in both litigation and transactional matters.  He represents clients in construction-related litigation relating to claims for construction delay, insurance, indemnification, breach of contract, and access to adjacent properties.   Mr. Scully also drafts and negotiates contracts regarding a wide array of issues relating to the construction of real estate projects all over the New York City area. 

    Prior to joining Quinn McCabe, Mr. Scully served as a law clerk in the Civil Division of New Jersey Superior Court in Newark and as an associate for three years at a boutique commercial litigation firm in Long Island. 

    Bar Admissions

    State of New York
    State of New Jersey
    United States District Court, District of New Jersey

  • Benjamin F. Tracy

    Associate

    btracy@quinnmccabe.com
    Direct line: 212-447-5580

    Benjamin Fox Tracy represents design professionals and developers in both litigation and transactional matters.  His well-rounded experience in real estate matters, contracts, and labor and employment law allows him to meet his client’s general counseling needs.    

    Mr. Tracy’s practice focuses on drafting and negotiating contracts regarding the design and construction of real estate projects.  In addition, he represents real estate developers and various design professionals in construction-related litigations and disputes, including those associated with breach of contract, construction defects and delays, and other project-related claims. 

    Prior to joining the firm, Mr. Tracy served as an Assistant Corporation Counsel in the Office of the Corporation Counsel for the City of New York.  In that role, Mr. Tracy defended the City of New York, its agencies, and high level officials in proceedings before federal and state courts, as well as before administrative tribunals.  During his service as an Assistant Corporation Counsel, Mr. Tracy was awarded the “Rookie of the Year” award, which is given to the highest performing first-year attorney in the office.  Mr. Tracy negotiated terms of construction contracts with contractors doing business with the Mayor’s Fund to Advance New York City.

    Mr. Tracy received his bachelor’s degree from Fairfield University.  He obtained his law degree, summa cum laude, from Touro Law Center, where he served on the editorial board of the Touro Law Review

    Bar Admissions

    State of New York
    State of Massachusetts
    United States District Court, Southern and Eastern Districts of New York

    Publications

    Lego of My Technical Functionality: The Perpetual Evolution of the European Community’s Trademark Law in Comparison with the Law of the United States, 14 Touro Int’l L. Rev. 412 (2011)
    People v. Larsen, 27 Touro L. Rev. 503 (2011)