1. McNicholas, Lee & Cestaro, P.C.
Committed To Providing The Most Effective
Legal Solutions
2. McNicholas, Lee & Cestaro, P.C.
About the Firm:
MCNICHOLAS, LEE & CESTARO, P.C. is a full service law firm
founded by Sean A. McNicholas, John H. Lee and Shawn M.
Cestaro. This dynamic law firm provides a unique blend of legal
talents in the fields of insurance defense, commercial litigation,
commercial transactions as well as providing diverse corporate
services to its various client groups. The Firm takes pride and
pleasure in providing the most effective legal solutions to effectuate
results-driven resolutions for its clients.
Each of the Firm's partners are admitted to practice in the State of
New York as well as the United States Eastern and Southern
Districts of New York. Mr. McNicholas, Mr. Lee and Mr. Cestaro
have extensive litigation and trial experience representing large and
small companies, including national and international corporations,
partnerships, limited liability companies and not-for-profit
organizations along with their respective officers and boards of
directors.
Insurance Defense Division:
Leading our Insurance Defense Division, Shawn M. Cestaro is a
seasoned litigator with a diverse legal career. He has been associated
with several Fortune 500 in-house law departments and several
outside counsel law firms. Mr. Cestaro has invaluable experience in
such varied legal practices as insurance defense, negligence actions,
premises liability, corporate commodity transactions, intellectual
property matters, derivative suits, labor law and employment law. Mr.
Cestaro also has extensive experience in resolving matters involving,
contract disputes, Federal and State regulatory actions, and corporate
compliance. Mr. Cestaro has defended various types of insured of
3. ACE/Illinois Union Insurance Company, Admiral Insurance
Company, Arch Insurance Group, AXIS, Chartis, AON, Liberty
Mutual, Merchants, Nationwide, OneBeacon, RSA USA, RSUI, St.
Paul Travelers, Mt. Hawley, Scottsdale and Max Specialty amongst
others.
Corporate Division:
Leading our Corporate Division, John H. Lee is a former Queens
County Assistant District Attorney who has represented corporate
clients in a wide range of matters for over a decade. Mr. Lee
specializes in litigation involving complex corporate law, commercial
matters, criminal law, immigration law, real property law and
intellectual property matters. Mr. Lee has extensive investigative,
litigation, trial and appellate experience. He has a diverse and varied
client base where he continues to represent small to major domestic
and international corporations such as Patel Group, AdAsia
Communication, GDS International, Samsung Life Insurance,
Samsung Fire and Marine, Samsung Electronics America, LG, CJ
America, Hyundai, Korean Life and Samyang Corporation amongst
others.
Trial Division:
Leading our Trial Division, Sean A. McNicholas is a former
Emergency Medical Technician, Volunteer Firemen and Queens
County Assistant District Attorney. Mr. McNicholas has spent his
career handling a broad range of litigation matters including civil and
criminal defense, professional liability and commercial matters from
inception through trial. Mr. McNicholas is a highly experienced trial
advocate specializes in varied civil and corporate defense matters. Mr.
McNicholas heads the Firm's trial advocacy group and has tried over
sixty (60) jury trials to verdict.
4. McNicholas, Lee & Cestaro, P.C.
Contact the Firm:
Website: www.M-L-C-Lawyers.com
Shawn M. Cestaro, Esq.- Shawn@M-L-C-Lawyers.com
John H. Lee, Esq.- John@M-L-C-Lawyers.com
Sean A. McNicholas, Esq.- Sean@M-L-C-Lawyers.com
Flushing Office
188-06 Northern Boulevard, 2nd Floor
Flushing, New York 11358
Tel. No.: (718) 359-5520
Fax No.: (718) 359-5521
Manhattan Office
443 Park Avenue South, Suite #700
New York, New York 10016
Tel. No.: (212) 645-9883
Fax No.: (212) 645-9863
5. McNicholas, Lee & Cestaro, P.C.
Insurance Defense Litigation
Our philosophy at McNicholas, Lee & Cestaro is to always work
together with insurance providers, claims professionals, insureds and
corporate management to ensure that each insured receives
competent, efficient and professional legal representation. At
McNicholas, Lee & Cestaro, we know how to efficiently and timely
manage and resolve matters involving varied types of claims against
insureds.
Directors & Officers Coverage:
The Firm's corporate and litigation practice provides the expertise in
recognizing and understanding the roles and management decisions
of directors and officers. This allows McNicholas, Lee & Cestaro to
efficiently gather relevant facts, to assess potential risk, and to
effectively resolve any potentially complex claims made against the
corporation and its management.
The prevalence of litigation brought against corporate entities and
their directors and officers necessitates not only proper insurance
coverage, but corporate education regarding the varied State and
Federal regulatory laws, employment practices, corporate governance,
and the proper discharge of management's fiduciary duties. Since a
corporation’s management makes daily decisions that have lasting
legal implications, McNicholas, Lee & Cestaro remains on the
forefront of changing statutes and case law pertaining to corporate
governance and employment law. McNicholas, Lee & Cestaro uses
this expertise to constantly educate its corporate clients and their
management with the information they require to efficiently operate
any size company and effectively avoid potential exposure that may
6. arise from the corporate strategies, financial judgments, and business
decisions that management is hired to advance.
General Liability and Commercial General Liability:
The unique background and resources of McNicholas, Lee &
Cestaro's founding partners allows them to effectively understand the
contents of insurance policies, the types of coverage afforded to
various insured, and the claims, allegations and lawsuits brought
against them. Through its core client base, McNicholas, Lee &
Cestaro focuses heavily on defending claims made against business
owners, partners, shareholders, contractors and subcontractors.
The use of general liability and commercial general liability coverage
is essential to minimizing the risks associated with conducting
business in our litigious society. The Firm's litigation practice group
has a proven track record in insurance defense and representing
insureds in high-stakes and often complex New York State and
Federal causes of action.
The Firm has in-depth experience and knowledge of the laws
pertaining to claims involving bodily injury, property damage,
personal injury, workplace injury, liability resulting from misleading
or fraudulent advertising, and claims of slander and libel.
McNicholas, Lee & Cestaro surpasses all others in defending
contractors and subcontractors in construction related claims
involving bodily injury and property damage.
McNicholas, Lee & Cestaro's expertise with regard to the relationship
between insurance carriers, their claims professionals and insureds
ensures that our attorneys will work closely with claims professionals
to make certain that every insured receives quality legal
representation. Legal representation that is squarely within each
insurance carrier's billing and procedural guidelines. Constant
7. communication between attorneys, carriers, and their insureds is an
essential tool of our insurance defense team. McNicholas, Lee &
Cestaro excels at litigating and resolving these claims, because it
recognizes the importance of client service both inside and outside of
the courtroom.
Premises Liability:
With the prevelence of litigation in today's world, property, building
and business owners, tenants and managing agents are all faced with
potential liability every time someone comes on to their property.
The attorneys at McNicholas, Lee & Cestaro have successfully
defended premises liability, negligent security, negligent snow and ice
removal, suits alleging improper security measures, violations of the
Americans with Disability Act, and a myriad of personal injury claims
for a combined total of 35 years.
The Firm has also successfully defended claims involving physical
and sexual assault, and wrongful death claims.
Premises liability claims often impact retailers, department stores,
grocers, restaurants, manufacturers and commercial tenants. These
insureds are often called to task when injury or damage occurs on
their premises, which is why McNicholas, Lee & Cestaro aggressively
defends these premise cases in the State and Federal courts.
Professional Liability:
McNicholas, Lee & Cestaro is also defended varies types of
professionals such as architects and engineers, accountants and
CPA's, insurance agents and brokers, appraisers, financial advisors,
and title and real estate agents. These professionals have increasingly
had claims brought against them, which necessitates their increasing
need for effective legal representation, which McNicholas, Lee &
Cestaro's insurance defense group has consistently provided.
8. The Firm is also represented professionals in medical malpractice
claims, and claims brought against varied types of healthcare
providers, such as nursing homes and assisted living facilities.
Construction Law:
McNicholas, Lee & Cestaro is also highly experienced in defending
design professionals, building and land owners, developers,
construction managers, general contractors and various
subcontractors involved in complex commercial and residential
construction and personal injury claims.
When representing insureds involved in construction, the Firm has
defended a wide variety of claims, including those based on
construction delays, contract disputes, construction defects, structural
defects and failures, New York State labor law disputes, and
construction management claims. McNicholas, Lee & Cestaro has
defended companies involved in all aspects of the construction trade,
from those involved in small to multi-million dollars projects. To
name a few, the Firm has litigated matters involving the construction
of apartment complexes, high-rise condominium projects,
skyscrapers, office buildings, warehouses, and retail space.
As construction based claims are potentially difficult and complex
cases to litigate, it is essential to have the experienced legal team at
McNicholas, Lee & Cestaro to defend these construction insureds
and assess the potential of transferring such risks by way of
aggressive tenders coupled with declaratory judgment actions. Each
of the Firm's founding partners have the background experience and
first hand knowledge from other practice areas to effectively defend
and resolves these construction related claims. The strength of
McNicholas, Lee & Cestaro's multiple disciplined litigators provides a
level of representation to its clients that is surpassed by none.
9. Further, the Firm's transactional group lends additional expertise in
assessing, defending and resolving issues regarding contract
formation, risk transfer by way of aggressive tenders, and the
development and construction process in general.
Labor & Employment Law:
The Labor and Employment group at McNicholas, Lee & Cestaro is
highly experienced in representing business owners, their
management and shareholders in varied labor and employment
issues. The Firm is frequently called on to defend employers against
claims involving wrongful discharge, sexual harassment,
discrimination and wage claims as well as alleged violation of State
and Federal labor and employment laws in both administrative and
judicial settings.
The Firm recognizes that most often the greatest value litigation
attorneys can provide a client, especially a business client, is assisting
them in recognizing areas of potential litigation and recommending
solutions that can facilitate risk avoidance, allocation and transfer
rather than costly legal proceedings. This is accomplished by building
a strong working relationship with our clients' insureds, providing
advice concerning all aspects of business transactions so as to avoid
potentially adverse legal ramifications. However, when litigation is
necessary, McNicholas, Lee & Cestaro has a reputation for taking
aggressive and effective courses of actions to protect the insureds
rights. This reputation has earned us the trust of individual clients,
small business owners, and large private corporations alike.
The Firm's diverse client base effectively stems from our ability to
initiate and respond to situations which require immediate legal
action. The firm recognizes that insureds are often confronted with
crises requiring immediate action, investigation, issue determination,
risk avoidance and transfer, and an efficient resolution strategy.
10. McNicholas, Lee & Cestaro is there to provide immediate legal
representation in this regard.
In addition to representing clients in the formal discovery process,
throughout trial and in the appellate courts, our Firm routinely
represents clients in matters before State and Federal administrative
and regulatory agencies, and in alternative dispute resolution
procedures.
11. Shawn M. Cestaro
Email: Shawn@M-L-C-Lawyers.com
Education: • J.D., New York Law School,
2000
• B.A. (Criminal Justice &
Sociology), Temple University,
1995
Admitted to Bar: • The Courts of the State of New
York
• United States District Court,
Southern District of New York
• United States District Court,
Eastern District of New York
Professional & • New York County Lawyers
Community Association
Affiliations: • American Bar Association
Noteworthy: • Member, New York Law School
Moot Court Association
Shawn Cestaro received dual degrees in Criminal Justice and Sociology from Temple University and his Juris
Doctorate from New York Law School. Mr. Cestaro is admitted to practice in the State of New York and
United States Eastern and Southern Districts of New York. Mr. Cestaro began his career in the courts as a
judicial intern to the Honorable Beverly S. Cohen, J.S.C. Thereafter, he became associated with several major
in-house law departments where he became highly experienced in corporate commodities transactions,
contract law, provisions of the uniform commercial code, federal and state regulations, and corporate
compliance. He then became associated with several outside counsel law firms where he handled numerous
matters involving such varied areas of law such as general negligence, professional liability, premise liability,
motor vehicle, intellectual property, toxic tort, derivative suits, labor law, and construction litigation. Mr.
Cestaro is a founding member of McNicholas, Lee & Cestaro, P.C.
12. John H. Lee
Email: John@M-L-C-Lawyers.com
Education: • J.D., St. John's University
School of Law, 1998
• B.S. (Electrical Engineering),
Polytechnic University, 1994
Admitted to Bar: • The Courts of the State of New
York
• United States District Court,
Southern District of New York
• United States District Court,
Eastern District of New York
Professional & • New York County Lawyers
Community Association
Affiliations: • American Bar Association
Noteworthy: • Assistant District Attorney for
Queens County
• Completely Fluent in both
written and spoken Korean
John Lee received a B.S. in Electrical Engineering from Polytechnic University and his Juris
Doctorate from St. John’s University School of Law. Mr. Lee is admitted to practice in the State of
New York and United States Eastern and Southern Districts of New York. Mr. Lee specializes in
litigating corporate law matters, corporate compliance, immigration law, criminal law, real property
law, and intellectual property law. As a former Queens County Assistant District Attorney, Mr. Lee
has extensive trial, investigative, and appellate experience. Mr. Lee has successfully obtained defense
verdicts after an extensive jury trial for his corporate clients in both state and federal courts. As a
corporate attorney, he has represented small corporations to major international corporations such as
Patel Group, AdAsia Communication, GDS International, Samsung Life Insurance, Samsung Fire
and Marine, Samsung Electronics America, LG, CJ America, Hyundai, Korean Life and Samyang
Corporation. Mr. Lee is a founding member of McNicholas, Lee & Cestaro, P.C.
13. Sean A. McNicholas
Email: Sean@M-L-C-Lawyers.com
Education: • J.D., St. John's University
School of Law, 1998
• B.S., Fordham University, 1990
Admitted to Bar: • The Courts of the State of New
York
• United States District Court,
Southern District of New York
• United States District Court,
Eastern District of New York
Professional and • New York State Defense
Community Affiliations: Attorney Association
• New York State Bar Association
• Queens County Bar Association
• Nassau Count Bar Association
Noteworthy: • Emergency Medical Technician
• Volunteer Firemen
• Assistant District Attorney for
Queens County
Sean McNicholas received a B.S. in Finance from Fordham University and his Juris Doctorate from St. John's
University School of Law. Mr. McNicholas is admitted to practice in the State of New York and United States
Eastern and Southern Districts of New York. Mr. McNicholas has spent his career handling a broad range of
litigation matters in State and Federal courts including civil and criminal defense, professional liability and
commercial matters from inception through trial. Mr. McNicholas is a highly experienced trial advocate and
has successfully tried over sixty (60) jury trials to verdict. He is a former Emergency Medical Technician, a
Volunteer Firemen and Queens County Assistant District Attorney. Mr. McNicholas is also a founding
member of McNicholas, Lee & Cestaro, P.C.