Gregory A. Mountain (518) 641-0505 gam@westfirmlaw.com

Gregory A. Mountain represents corporate and individual clients in an extensive array of legal matters, including general corporate matters, real estate transactions, secured financing transactions, mergers and acquisitions, land use, development and zoning matters, regulatory compliance activities, dispute resolution, commercial litigation and administrative enforcement procedures.

Greg’s corporate experience includes handling corporate formations, financings, mergers and acquisitions, shareholder and member disputes and complex contract enforcement issues. Greg is familiar with all types of secured transactions and is well versed in all aspects of mortgage financing, including title related matters. Greg has successfully researched and resolved many long standing, but dormant, real property disputes.

Greg also has experience in all aspects of project development. He has assisted clients in identifying and obtaining the proper permits and approvals for a luxury apartment complex and several wireless telecommunication towers. Greg’s practice, however, goes beyond mere site development. Greg has significant experience in asset management, handling general corporate matters, structuring and restructuring material contracts, conducting regulatory compliance activities and commencing and resolving tax certiorari proceedings.

Greg’s litigation experience includes appearances before the New York State Supreme Court in matters involving real property disputes, building code violations, and the protection of corporate trade secret and proprietary information; the New York State Supreme Court, Appellate Division, Third Department, in a successful challenge to a local municipality’s condemnation proceedings; the United State Bankruptcy Court, Northern District of New York, in the successful protection of a right of first refusal in a bankruptcy auction; and the New York State Division of Tax Appeals where he obtained an Administrative Law Judge decision overturning a long standing New York State Department of Tax and Finance policy on franchise taxes.

Representative Matters

• Assisted in successfully obtaining the required permits and approvals for a luxury apartment complex and several wireless telecommunications towers.
• Part of legal team that represented a public benefit corporation in complex commercial litigation involving various Article 78 proceedings, Federal Energy Regulatory Commission complaint procedures, contract negotiations, FOIL matters and a pending rulemaking.
• Represented major lending institutions in various secured transactions and as underwriters and trustees in the issuance, enforcement and defeasance of Industrial Development Agency bonds.
• Developed a residential real estate practice, representing sellers, buyers and lenders in all matters, including the examination and resolution of various title issues.
• Defended and settled a Real Property Law Article 15 proceeding brought by several individual parties against a public benefit corporation involving an easement initially reserved in a deed dating back to 1927.
• Represented the purchaser of a boat dealership in the acquisitions of assets and the structuring of the transaction to realize maximum tax and estate planning benefits.
• Assisted in the restructuring and sale of a 32 MW hydroelectric project, including the re-negotiation of an energy sales agreement, underlying ground lease, financing documents and payment in lieu of tax agreement, negotiation of an asset purchase and sale agreement and all other related closing matters.
• Managed the sale of two, and the refinancing of four, hydroelectric projects, including the negotiation of asset purchase and sale agreements, underlying ground leases and the handling of all closing matters.
• Participated in the Niagara Mohawk Power-Choice hearings at the NYS Public Service Commission.
• Participated in the NYS Department of Environmental Conservation ("DEC") meetings resulting in the Upper Hudson/Sacandaga River Offer of Settlement and the issuance by the DEC of its 401 Water Quality Certificates for four major hydroelectric projects on the Sacandaga and Hudson Rivers.
• Assisted in the due diligence review of a merger of two large wireless telecommunications providers.
• Represented seller in the sale of a residential apartment complex constructed by an entity formed under the Limited-Profit Housing Company Law with financing from the NYS Urban Development Corporation.
• Negotiated consolidation of not-for-profit education corporations, which required the resolution of a major financial dispute over historically significant property.