Barclay Damon
Barclay Damon

James S. Grossman

James S. Grossman

Partner

p: 585.295.4416

f: 585.295.8461

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Rochester Office

2000 Five Star Bank Plaza
100 Chestnut Street
Rochester, New York 14604

Jim has more than 38 years of experience representing not-for-profit agencies in the health care field, specifically with agencies serving individuals with developmental disabilities, mental illness, or alcohol and drug abuse issues. He routinely counsels health care clients who are responding to Medicaid and other government investigations and audits as well as related employment and contract matters. Jim has substantial experience dealing with the Medicaid central fraud unit of the New York State Attorney General’s office and the Office of Medicaid Inspector General, as well as the NYS Office for People with Developmental Disabilities, NYS Office of Mental Health, and NYS Office of Alcoholism and Substance Abuse Services. Jim brings both technical experience and a technical approach to dealing with the issues not-for-profit providers face in a heavily regulated and competitive environment.

Jim has also been a leading practitioner in the real property tax and assessment/exemption fields since 1975. He has handled matters through trial and appeals dealing with the most significant issues in these areas. Jim was counsel in a case establishing the tax ability standards of assisted living facilities. He also was counsel in a case for a Western New York hospital that established the standards for exemption and taxability of doctor’s office buildings in NYS. Jim was lead trial counsel in a case involving the largest power-generating manufacturing facility in the Northeast. Jim was also lead counsel in a constitutional law challenge concerning a building in downtown Syracuse, an inverse condemnation case which established the three-year statute of limitations under section 1983 of the Civil Rights Act for constitutional claims based upon violation of due process and equal protection laws.

Jim has been an active contributor to community and civic activities throughout his career. He has chaired multiple not-for-profit agencies and boards in the social service and disability fields, including the Al Sigl Center, Mary Cariola Children’s Center, Jewish Family Services, PRALID (People Rebuilding and Living in Dignity) and several others. Jim also has chaired the Monroe County Bar Association, New York State Tax Assessment and Certiorari Committees,  and the 5,400-member New York State Bar Association Real Property section.

Representative Experience

  • General corporate counsel for a large not-for-profit agency serving individuals with developmental disabilities. Matters included real estate development and financing, group home Padavan hearings, corporate compliance training and audits, and contracting, consultation, and support regarding all aspects of the employment issues. 
  • Successfully handled the first Padavan hearing regarding the site selection of a community residence for individuals with developmental disabilities. 
  • Handled the acquisition of plazas, apartments, and other properties and financing of approximately 20 major real estate transactions. 
  • Handled an inverse condemnation matter involving the taking of real property by means of maintaining artificially high real property tax assessments, with the matter reaching the Court of Appeals and establishing the three-year statute of limitations for 1983 Civil Rights actions in New York State. 
  • Handled, as lead counsel and lead trial counsel, the 10-week trial on the valuation of a major power division industrial plant involving cost approach and the application of market comparable sales approach to value. 
  • Prepared all the litigation documents and briefs in a case which was the seminal case in NYS establishing the standards for taxation and exemption of assisted living facilities in NYS. 
  • Condemnation counsel for County of Monroe regarding establishment of the Riga (Mill Seat) Landfill, including lead SEQRA compliance attorney for the county. 
  • Handled an appellate case establishing exempt status of out-patient facilities operated by hospitals. 
  • Established the taxability of an assisted living facility and placement of property on taxable rolls after the property was initially placed on an exempt portion of the roll. 
  • Represented an agency in multiple Medicaid audits and disclosures, resulting in over $1 million in client savings.

Practice Areas

Education

  • Brooklyn Law School, J.D., cum laude; Moot Court Honor Society; Articles and Book Review Editor, Brooklyn Law Review, 1973
  • Hobart College, B.A., 1970

Admitted To Practice

  • New York, 1974
  • U.S. District Court, Northern District of New York
  • U.S. District Court, Western District of New York
  • U.S. Court of Appeals, 2nd Circuit
  • U.S. Supreme Court

Memberships & Affiliations

  • New York State Bar Association Real Property Law Section, Executive Committee Member and Former Chair
  • New York State Bar Association House of Delegates, Former Member
  • New York Bar Foundation, New York Bar Fellow
  • Monroe County Bar Association, President and Real Property Section Member; Former Center for Education President and House Finance Committee Member
  • Monroe County Bar Foundation, Board of Trustees Member
  • American Bar Association 
  • American College of Real Estate Lawyers 
  • New York State Conference of Bar Leaders, Chair, Executive Council Member, and Seventh Judicial District Representative
  • Seventh Judicial District Arbitration Program, Pro Bono Participant and Arbitrator

Civic Activities

  • Volunteer Legal Services Project, Pro Bono Participant
  • Foodlink Foundation, Inc., Board of Directors Founding Member
  • Epilepsy Foundation of Rochester, Syracuse & Binghamton, Honorary Board of Directors Member
  • Volunteer Legal Service Providers, Former Board of Directors Member
  • People Rebuilding and Living in Dignity, Inc., Former Board of Directors and Founding Member
  • Al Sigl Center for Rehabilitative Services, Inc., Former Board of Directors and Executive Committee Member
  • Mary Cariola Children’s Center, Inc., Former Board of Directors Member

Speaking & Publications

  • "Not so Fast Assessor- The Reduction or Elimination of Taxes Based on Exemptions or Environmental No No's," NYS Bar Association, July 2018
  • "Compliance Update," NYSARC, Inc. Executive Director’s Association Annual Meeting, June 2007 
  • "Zoning Board of Appeals," Lorman Education Services, May 7, 2004 
  • "Everything an Assessor Would Want to Ask a Lawyer but Was Afraid to Ask," Monroe County Assessor’s Association, May 7, 2003 
  • "Zoning and Land Use," Lorman Education Services, May 6, 2003 
  • "The Valuation of Contaminated Property," Monroe County Bar Association Seminar, March 2003 
  • "Religious Land Use Institutionalized Persons Act," Speaker at local government workshop, Fall 2002

Honors

  • The Best Lawyers in America®: Eminent Domain and Condemnation Law, 2008-2017, 2019 
  • Selected to Super Lawyers Upstate New York:  Real Estate, Health Care, and Nonprofit, 2007-2008, 2012-2016, and 2018
  • Monroe County Bar Association President’s Award for Professionalism, 2003 
  • Nathaniel Award for professional accomplishments and community service in furtherance of justice, 2001 
  • Naming Honor, Lifetime Assistance Inc.'s “James S. Grossman Human Resource Room,” 2000
  • Lifetime Assistance Foundation Plaque Recipient, 1999 
  • Recognition of Distinguished Services, Advocacy for Developmentally Disabled, Inc., 1991 
  • Mary Cariola Children’s Center Plaque, 1988 
  • Martindale-Hubbell “AV” Peer Review Rated for Very High to Preeminent Ethical Standards and Legal Ability

Prior Experience

  • Hiscock & Barclay, LLP, Partner
  • Law Offices of James S. Grossman, 2004-2005
  • Beebe, Grossman & Bergins, LLP, Founding Partner, 1997-2004
  • Burke, Grossman, Valenti, Albright, Harter, Rzepka & Beebe, LLP, Founding Partner, 1994-1996
  • Smallwood-Cook, Stout & Grossman, Partner, 1990-1993
  • Mousaw, Vidgdor, Reeves, Heilbronner & Kroll, 1975-1990