Yenisey Rodriguez-McCloskey

Yenisey Rodriguez-McCloskey is an established business attorney and litigator with over 24 years of dynamic legal experience. Ms. Rodriguez-McCloskey represents U.S. and international clients in business matters, litigation and arbitration disputes involving a wide range of civil matters.

Ms. Rodriguez-McCloskey has represented both plaintiffs and defendants in a variety of industries in cases involving breach of contract, construction, employment, fraud, fiduciary, real property, trusts and estates, and class action litigation. She also regularly advises companies with respect to on-the-job issues and pre-litigation resolution.

Ms. Rodriguez-McCloskey has provided counsel in many significant matters. Some representative examples include:

• Winning over a million-dollar judgment in a defense verdict after a 9-day construction industry arbitration based on COVID-related delays.
• Defeating motion foreclosure action on summary judgment based on accrual of the statute of limitations.
• Acting as a Judgment Creditor’s lead counsel in multi-jurisdiction action pending in Bankruptcy Court, State and Federal courts.
• Successfully led action to collect on a ten-year-old multimillion-dollar judgment; defeated challenges by new purchasers of properties to invalidate the debt and take free and clear.
• Defeating bank foreclosure action by identifying inconsistencies in testimony concerning lost promissory note and chain of custody at an evidentiary hearing.
• Overcoming a motion to dismiss a Fair Labor Standard Act and wage law class action claims brought against a construction company defendant and its principals.
• Winning summary judgment in favor of corporate client and its principal in multi-jurisdiction debt collection actions, which resulted in large scale multi-million-dollar settlement.
• Settling eleven-year-old mortgage foreclosure action between bank and judgment creditors; exposed inconsistencies in the record and created risk for the bank resulting in a favorable collaboration towards resolution.
• Adjudicating an eighteen-year-old dispute between two former business partners of the largest HUD development in New York City.
• Effectively brought in disgruntled tenants of the HUD development to create an atmosphere of additional risk for both former partners resulting in a softening of their positions and resolution.
• Representing a portfolio of construction industry companies and bonding entities in disputes in New York State.
• Lead counsel in effective multimillion-dollar commercial bank foreclosure action. She additionally, provided valuable counsel at trial when ambiguity in loan documents and note were uncovered.
• Valuable part of litigation team for complex multi-district $176 million-dollar real estate Ponzi scheme cases brought against numerous banks and individuals.
• Resolving multi-million-dollar anti-trust action brought against a corporate client by a powerful Fortune 500 competitor. Mitigated potential loss of business in favor of future joint business venture by two competitors.
• Winning summary judgment in action on behalf of representatives of condominium against telecommunications providers which blocked condo board approved contract to allow for construction of cell towers on building. This ruling made new law in the mobile telecommunications industry and established motion papers which are employed as forms throughout the country in like disputes.
• Achieving reversal of judgment on appeal based on court’s preclusion of relevant expert testimony following one-month jury trial for negligent construction.

Ms. Rodriguez-McCloskey, a member in good standing of the New York State Bar, is fully bilingual in both English and Spanish. She is an honors summa cum laude graduate of Northeastern University located in Boston, Massachusetts where she graduated in two years and received a Bachelor of Arts in Political Science.

Following her success as an undergraduate Ms. Rodriguez-McCloskey attended New York Law School where she received her Juris Doctorate Degree. Yenisey was born in Havana, Cuba, and grew up in Miami, Florida. Together with her family, she has called New York City home since 1997.

Article: Heritage Inspires Hispanic Lawyer’s Legal Practice: https://www.wbecnydmv.org/heritage-inspires-hispanic-lawyer/

Representative Examples

• As a litigator: arbitrated, mediated and litigated hundreds of commercial disputes to favorable resolution including in the areas of franchise law, securities and professional malpractice.
• Negotiated multifaceted agreements for food and beverage company for the continued management of its business ventures.
• Resolved multiple complex partnership disputes avoiding the need for ongoing litigation.
• Facilitated resolution of a multi-million dollar anti-trust action brought against a corporate client by a powerful Fortune 500 competitor and avoided potential loss of business in favor of future joint business venture by two competitors.
• Settled pending case against FINRA member and corresponding investigation for half of amount of debt and preserving member license where due diligence disclosed that claimant had not properly papered its transfer of note.
• Obtained return of client’s investment in excess of $1M held by bank, where broker with tarnished U4 had been allowed to continue to churn account, resulting in unnecessary and suspect losses to account.

Honors, Memberships, and Professional Activities

• FINRA Arbitrator
• Member, American Bar Association
• Member, New York City Bar Association
• Member, Northeastern University Alumni Association
• Member, New York Law School Alumni Association
• Member, National Association of Professional Women
• Member, International Women’s Leadership Association
• Member, New York Association of Arbitrators
• Member, New York City Bar Association
• Member, CT State Bar Association
• Trained Mediator, EEOC
• Volunteer Mediator, New York Center for Interpersonal Development

Education

Ms. Rodriguez-McCloskey graduated summa cum laude from Northeastern University in two years. A Sears B. Condit Scholarship Award Recipient, she attended New York Law School at the age of twenty on a scholarship, where she participated in the Judicial Clerkship Program with Supreme Court Judges.

Admissions

• New York State Courts
• United States Court of Appeals for the Second Circuit
• United States District Court for the Southern District of New York
• United States District Court for the Eastern District of New York
• United States District Court for the Northern District of Illinois
• United States District Court for the District of Colorado

Languages

Ms. Rodriguez-McCloskey is fully fluent in English and Spanish. She has basic fluency in French, equivalent to early B1 of CEFR (Common European Framework of Reference).