Carol A. Crossett

Carol A. Crossett, Esq. is a Partner in the New York City office of Tully Rinckey PLLC. Carol heads the Commercial Law Group. Carol concentrates her practice on corporate and commercial litigation and transactions. Carol also possesses extensive experience handling business succession planning and trusts and estates matters.

Carol brings to Tully Rinckey, a diverse background forged over many years representing individuals and companies in commercial, corporate and civil litigation matters in both state and federal courts in New York where she is admitted, and also, by pro hac vice admission, in several courts outside New York. Her practice serves clients covering a wide range of industries including:

• Recreational Marine
• Domestic and International Retailers
• Real Estate
• Franchises
• Nuclear/Energy
• Manufacturers
• Marketing
• Automotive Dealers

Carol’s marine industry practice includes the representation of manufacturers and retailers, with particular emphasis on dealer/customer disputes, breach of sales and marketing contracts, and warranty disputes. She has represented automobile dealers in the past pertaining to franchise, breach of contract, and employment disputes.

Carol handles corporate transactional matters including those related to succession planning for a wide spectrum of businesses, involving preparation of all types of contractual agreements, independent contractor and employment agreements, as well as shareholder, stock redemption, stock pledge, cross purchase agreements, and all manner of other instruments related to stock and/or asset transfers.

Carol’s practice also includes preparation and filing of documentation related to the formation of various types of business entities, and clients in need of following corporate formalities and requiring assistance and guidance to effectively navigate the immigration and non-immigration Visa process.

As mentioned above, Carol also represents clients involving trusts and estates matters. This area of practice involves estate planning and preparation of wills, trusts, and other ancillary instruments. She also handles contested and uncontested probate and administration, administrative accountings, will construction, turnover proceedings, removal of trustees and executors, and other disputes involving trustees, executors and beneficiaries.

Carol received her Juris Doctorate from Northeastern University School of Law and an LL.M (Master of Law) in corporate taxation from New York University School of Law.
She is admitted to practice in New York, with pro hac vice admissions currently in Connecticut and Florida, and she has also been admitted pro hac vice as counsel in the States of New Hampshire, New Jersey, Illinois and California.

She is also admitted to practice before the U.S. District Courts for the Southern and Eastern Districts of New York, U.S. Court of Appeals for the Second Circuit, U.S. Tax Court, and the U.S. Court of Federal Claims.

• Obtained dismissal of all claims against marine business arising from loan default.
• Obtained dismissal of default judgment against business in marine industry.
• Successfully defended and obtained dismissal of all claims against client by plaintiff who claimed to hold an interest in the company.
• Obtained a temporary restraining order and injunction against claimant.
• Obtained recognition of cross border proceeding as a foreign-main proceeding for manufacturer in Chapter 15 proceeding and final relief for recognition and enforcement of the adjudication and rejection of U.S. creditors’ claims in foreign jurisdiction, and preclusion of creditors from enforcing their claims in the U.S.
• Successfully represented religious organization in sale of assets involving dispute regarding whether the sale was subjected to statutory restrictions.
• Obtained dismissal of all causes of action by plaintiffs with prejudice against client in federal proceeding.
• Achieved favorable settlement for client in commercial action.
• Represented beneficiaries and executor resulting in successful removal of co-executor of estate for corporate malfeasance.
• Represented co-executors of estate in complex adjudication seeking readjustment of estate and gift tax by the IRS, and successful challenge against the denial of 6166 election based on alleged failure to meet certain requirements for the election.

• New York State
• United States District Court for the Southern District of New York
• United States District Court for the Eastern District of New York
• United States Court of Appeals for the Second Circuit
• United States Tax Court
• United States Court of Federal Claims
• Counsel in state and federal courts, pro hac vice: Connecticut and Florida, and past admissions in New Hampshire, New Jersey, Illinois and California

• LL.M: New York University School of Law
• JD: Northeastern University School of Law

• The National Association of Dealer Counsel

Written Pay Agreements Can Save Auto Dealerships Wage & Hour Headaches, co-author Nicholas A. Devyatkin, published in The Defender, June 2018.

Bankruptcy, guardianship, guardian ad litem, foreclosure, landlord tenant, and volunteer in NYC City Housing Court.