Barclay Damon
Barclay Damon

James S. Grossman

James S. Grossman

Partner

p: 585-295-4416

f: 585-295-8461

icon_email jgrossman@barclaydamon.com
icon_download Vcard

Rochester Office

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

Jim Grossman has more than 38 years of experience representing not-for-profit agencies in the healthcare field, specifically with agencies serving individuals with developmental disabilities, mental illness or alcohol and drug abuse issues. He routinely counsels healthcare clients in the fields who are responding to Medicaid and other government investigations and audits as well as related employment and contract matters. Jim has substantial experience in 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 office for people with developmental disabilities, mental health and alcohol and substance abuse. 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 field 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 New York State. 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 and New York State Tax Assessment and Certiorari Committees as well as having chaired the 5400-member Real Property section of the New York State Bar Association.

Representative Experience

  • General Corporate Counsel for 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, contracting and consultation and support regarding all aspects of employment issues. 
  • Successfully handled the first Padavan hearing regarding site selection of a community residence for individuals with developmental disabilities. 
  • Handled 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 as well as application of market comparable sales approach to value. 
  • Prepared all litigation documents and briefs in case which was the seminal case in New York establishing the standards for taxation and exemption of assisted living facilities in New York. 
  • Condemnation counsel for County of Monroe regarding establishment of the Riga (Mill Seat) Landfill, including lead SEQRA compliance attorney for County. 
  • Handled Appellate case establishing exempt status of out-patient facilities operated by hospitals. 
  • Established taxability of assisted living facility and placement of property on taxable rolls after property was initially placed on exempt portion of the roll. 
  • Represented agency in multiple Medicaid audits and disclosures resulting in savings to the client of well over $1,000,000.

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, House of Delegates Member, 2001-2005; Real Property Law Section, Chair, 2000-2001; Real Property Law Section, Executive Committee Member, 1990-Present 
  • New York Bar Foundation, Fellow of the New York Bar 
  • Monroe County Bar Association, President, 2005-Present; Center for Education, President, 2004-2005; House Finance Committee, Member, 1990-Present; Real Property Section, Member, 1982-Present; 
  • Monroe County Bar Foundation, Board of Trustees, 2004-Present 
  • American Bar Association 
  • American College of Real Estate Lawyers 
  • New York State Conference of Bar Leaders, Chair, 2005-Present; Executive Council Member, 7th Judicial District Representative, 2003-Present 
  • Seventh Judicial District Arbitration Program, Pro Bono Participant, Arbitrator, 1980-Present

Civic Activities

  • Volunteer Legal Services Project, Pro Bono Participant, 1990-Present 
  • Foodlink Foundation, Inc., Founding Member, Board of Directors, 1998-Present 
  • Epilepsy Foundation of Rochester, Syracuse & Binghamton, Honorary Board of Directors, 2000- Present 
  • Volunteer Legal Service Providers, Board of Directors, 2004-2005 
  • People Rebuilding and Living in Dignity, Inc., Founding Member, Board of Directors, 1992-2005 
  • Al Sigl Center for Rehabilitative Services, Inc., Board of Directors and Executive Committee, 1985-2001 
  • Mary Cariola Children’s Center, Inc., Board of Directors, 1977-2001

Speaking & Publications

  • "Compliance Update," NYSARC, Inc. Executive Director’s Association Annual Meeting, June 2007 
  • "Zoning Board of Appeals," Lecture for 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," Lecture for 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, 2008-2016 for Eminent Domain and Condemnation Law 
  • Selected by Peer Review for Inclusion in Super Lawyer Directory 2007-2008 and 2012-2016 for Real Estate, Health Care, and Non-Profit
  • 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, “James S. Grossman Human Resource Room,” Lifetime Assistance, Inc., 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