Barclay Damon
Barclay Damon

Kimberly A. Colaiacovo

Kimberly A. Colaiacovo

Associate

p: 716-566-1559

f: 716-846-1224

icon_email kcolaiacovo@barclaydamon.com
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Buffalo Office

The Avant Building
200 Delaware Avenue
Buffalo, New York 14202

Kim Colaiacovo focuses her practice in commercial litigation. She has represented a number of corporate and individual clients in federal and state courts on matters including contract disputes, premises and products liability, employment litigation and construction liability. Kim has also handled several successful mediations and arbitrations.

Kim serves on the Board of Directors for the Boys and Girls Club of Buffalo, Inc. and is a member of its Board of Governance Committee. She also serves on the Board of Directors of Women Lawyers of Western New York and was elected Secretary in 2014. Kim formerly served on the Board of Directors for the Erie County Commission on the Status of Women and Legal Services for the Elderly and Disabled.  

Representative Experience

  • Successfully defended land owner in Article 78 Proceeding challenging the issuance of a building permit by a zoning board of appeals and negative declaration issued pursuant to Article 8 of the Environmental Conservation Law. 
  • Successfully represented corporation in a series of Article 78 Proceedings challenging municipal and DEC approvals authorizing expansion of landfill. 
  • Seized possession of industrial machinery on behalf of an international manufacturer of sorting technologies in a breach of contract action. 
  • Represents contractors in construction litigation, including filing and discharge of liens, claims for retainage, change orders, and scope of performance disputes.
  • Defeated certification of a putative class and achieved dismissal of underlying lawsuit alleging violations of the IDEA, on behalf of school district. 
  • Obtained dismissal of complaint against manufacturer of aircraft instruments and avionics in wrongful death lawsuit. 
  • Obtained pre-answer dismissal of complaint against commissioner of fire district in defamation lawsuit.
  • Defended Board of Education for the City School District of the City of Buffalo in a lawsuit commenced by charter school regarding the District's adoption of a revised transportation policy eliminating yellow bus transportation to out-of-district schools. The lawsuit involved questions of contractual interpretation, application of New York Public Officers Law, equal protection and due process violations and application of New York education law.
  • Defending local municipality against former employee's Title VII claims.
  • Defending local municipality in litigation involving claims of discrimination under the Americans with Disabilities Act and Age Discrimination in Employment Act.
  • Represented corporation in breach of contract matter involving interpretation and application of Uniform Commercial Code.
  • Representing trustee in Surrogate's Court proceeding challenging final accounting.
  • Defending product liability claim against manufacturer of access system involving claims of electrocution.

Practice Areas

Education

  • SUNY Buffalo Law School, J.D., cum laude, American Bar Association and the Bureau of National Affairs Award for Excellence in the Study of Labor and Employment Law; Charles S. Desmond Moot Court Competition Semifinalist, 2006
  • State University of New York at Buffalo, B.A., magna cum laude, 2002

Admitted To Practice

  • New York, 2007
  • U.S. District Court, Northern District of New York
  • U.S. District Court, Western District of New York
  • U.S. Bankruptcy Court, Western District of New York

Memberships & Affiliations

  • New York State Bar Association
  • Erie County Bar Association

Civic Activities

  • Erie County Commission on the Status of Women, Member and past Secretary
  • Women Lawyers of Western New York, Vice President
  • Legal Services for the Elderly and Disabled, Former Board Member
  •  Boys and Girls Clubs of Buffalo, Board Member

Honors

  • Super Lawyers Magazine, Rising Star 2013-2016 for Business Litigation

Prior Experience

  • Hiscock & Barclay, LLP, Associate
  • Harris Beach PLLC, Associate