Attorney Hulse is an attorney with over 40 years experience in a wide range of legal areas. An honors graduate of St. John’s University School of Law, he is the recipient of American Jurisprudence awards in both Evidence II and Conflicts of Law. Attorney Hulse holds a Bachelor of Science degree in mathematics as well as a Master of Science degree in Computer Science. When not representing clients, he has been active in his community as a former member of the Miller Place Board of Education, President of the Rocky Point Rotary Club and as an Assistant Scout Master in the local Troop. He has represented clients in all Courts in the State of New York, including the New York State Supreme Court, the Appellate Division for the First and Second Departments, the New York Court of Appeals, the United States District Courts for the Eastern and Southern Districts of New York as well as various Bankruptcy Courts. His trial skills include a broad spectrum of civil matters, including commercial actions, real estate related actions as well as personal injury cases.
Just a few of his noteworthy cases include:
BRANCH GREEN ASSOCIATES v. VILLAGE OF THE BRANCH - successful trial counsel to the plaintiff in an Article 78 litigation concerning the validity of sign ordinances in the Village of the Branch, Suffolk County, New York and the denial by the village of a sign variance application.
BROWN v. CAA, INC, et al. - successful trial counsel to the plaintiff in an easement litigation concerning a right of way created by testamentary devise which the trial court found to be binding upon subsequently subdivided properties and enforceable notwithstanding the failure of certain mesne conveyances to make specific reference to the same.
CARMAN v. EUROPEAN AMERICAN BANK - A case of first impression in this state. There, the state's highest court, the Court of Appeals, held, on the applicant's appeal on behalf of the defendant-appellant European American Bank, that where a debtor fails to move pursuant the 11 USC 522(f) during the bankruptcy to set aside a judgment lien as impairing a homestead exemption, even if the petition's schedules state valuations which on their face reflect an impairment of exemption, the debtor may not secure a declaration of unqualified discharge under Debtor & Creditor Law section 150. Only a qualified discharge, leaving the creditor's lien rights of record, may be granted by the State Court. A lien creditor may freely engage in post- bankruptcy enforcement of its' lien rights against the real property completely unaffected by the debtor's discharge in bankruptcy.
ENRICO & SONS CONTRACTING, INC. v. BRIDGEMARKET ASSOCIATES - A successful complex commercial collection litigation involving major structural concrete work done on the Bridgemarket Project beneath the 59th Street Bridge in New York City. Issues involved mechanics liens on real property leased from the City of New York and individual partnership liability for a defunct partnership which defended the action merely to delay collection.
EUROPEAN AMERICAN BANK & TRUST CO. v. BAKER PROTECTIVE SERVICES, INC., WELLS FARGO ALARM SERVICES - A case prosecuted against the bank’s alarm company for gross negligence in a large scale sophisticated bank burglary where the bank’s alarm system was deactivated prior to entry
G. ROMA ROOFING, INC. v. MARCOTRIGIANO - successfully representation of the judgment creditor in extending its expiring judgment lien. On appeal, subordinate judgment creditors whose judgments would have gained priority if the extension failed were unsuccessful in defeating the extension of lien and the continuing lien priority.
HINE v. HONORABLE NORMAN MINETTA, SECRETARY OF TRANSPORTATION Where the firm successfully prosecuted an action on behalf of an air traffic controller against the Federal Aviation Administration for sexual harassment and hostile work environment through trial, obtaining first an administrative award requiring the local air traffic facilities to implement sensitivity programs to address workplace discrimination and later a jury award for damages against the Federal Aviation Administration
IN RE CARILLI - A significant decision before the Bankruptcy Court concerning the right of a bankrupt debtor to reopen a closed bankruptcy for the purpose of avoiding a judgment lien on real property where the debtor was no longer in title. The Court held the debtor lacked standing to do so, leaving the creditor's lien intact even where, on the facts, the lien should have been avoided.
INTERNATIONAL FIDELITY v. EUROPEAN AMERICAN BANK - Where the firm was the successful appellant before the Appellate Division, Second Department, in an action concerning lien priorities and the effect of service of European's State Court summons during the pendency of the debtor's bankruptcy where the ultimate judgment was not entered until after the debtor's bankruptcy was dismissed. The mere fact of the bankruptcy filing did not, in and of itself, divest the State Court of jurisdiction such that the process would be rendered void ab initio. The ultimate post-bankruptcy judgment entered thereon was valid and was entitled to a lien priority over subsequently entered judgments where service of process was made after the bankruptcy was closed. In that case, a subsequent lien creditor sought a judicial declaration that its lien had priority over European’s prior lien by reason of an allegedly wrongful service of process.
JESMER v. RETAIL MAGIC, INC., ET AL Where the firm successfully obtained a decision from the Appellate Division limiting the enforceability of warranty disclaimers on software products installed in computer hardware prior to delivery to the end user. The action involved a breach of contract claim in the sale and installation of a point of sale system in a large supermarket.
NATIONAL WESTMINSTER BANK USA v. NASSAU SUBURBAN - in a hotly contested litigation including substantial counterclaims against the lender for breach of its lending obligations, the firm successfully recovered over two-hundred thousand dollars through the use of State Court attachments against the real estate of a delinquent debtor who was in the process of liquidating assets in anticipation of leaving the state.
RIVERHEAD SAVINGS BANK v. GARONE - successful representation of European American Bank as a judgment creditor in the surplus money proceedings, and appeal to the Appellate Division, following the Riverhead Savings Bank foreclosure. On procedural grounds EAB received payment ahead of a purported second mortgagee.
SIMMS v. BIONDO and EASTERN FEDERAL SAVINGS & LOAN ASSN - Where the firm served as outside litigation counsel to Eastern Federal in a complex land fraud action involving a multi-million dollar subdivision in Shelter Island, New York and multi-state litigants. Issues presented included contracts, participations, financing, appraisals as well as the theoretical liabilities of a lending institution for appraisals presumably prepared on its own account.
SILVA v. CELELLA - successful counsel to the defendant-seller in both the New York State Supreme Court and the Appellate Division in a litigation concerning the breach by the plaintiff-buyer of a residential sales contract and non-compliance with mortgage financing provisions.