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Thomas P. Cunningham

Civil and Commercial

My Approach to Mediation

To be an effective mediator, you must be able to understand the cases, the players, the venue, and how to effectively bring people to the table to negotiate. I believe you must know how a jury will view the evidence. You need to be experienced in all aspects of damages in a personal injury case, and to understand the law that controls the liability aspects. Through over 30 years litigating and settling personal injury cases, I developed the knowledge and experience necessary to understand what is needed to resolve a case. In my decades as a litigator, I have resolved thousands of cases and participated in hundreds of mediations and arbitrations.

I have worked with many plaintiffs’ attorneys and insurance company representatives in reaching resolutions to personal injury cases and insurance coverage disputes. It is decades of experience that I bring to the table to assist in resolving your disputes.

I look forward to the opportunity to work with you toward an efficient resolution of your case.

Core Areas

  • Automobile & Motorcycle Accidents
  • Catastrophic Injuries
  • Child Victims Act/Sexual Abuse 
  • Construction Defect Litigation
  • Contract Disputes
  • Insurance Coverage Disputes
  • Nursing Home Neglect/Abuse
  • NYS Labor Law sections 240(1), 241(6), 200
  • Premises Liability 
  • Product Liability
  • Trucking & Bus Accidents
  • Wrongful Death

Fee Schedule

Mediation and Arbitration

  • $350 per hour


Tom retired from the full-time practice of law in 2022 after over 30 years of civil trial work. He was formerly a founding partner of a firm previously known as Rupp Baase Pfalzgraf Cunningham LLC. He has been the chair of the automobile committee of the New York State Bar Association, Torts, Insurance & Compensation Law section. Tom also formerly chaired the Negligence Committee of the Erie County Bar Association. He has litigated matters involving, automobile personal injury, premises liability including slip and fall, property defects, domestic animals, New York State Labor Law sections 240(1), 241(6), and 200, Child Victims Act, products liability, assault and battery, discrimination, defamation, libel and slander, construction defect, insurance coverage, and wrongful death.
Tom graduated from Canisius College in 1989 with a Bachelor of Science in Business with a major in Marketing. He obtained his law degree from the State University of New York at Buffalo School of Law in 1992. He is admitted to practice law in all courts in the State of New York.
Tom has been selected to serve on the 8th Judicial District Court Roster of ADR Neutrals and is approved to mediate General  Civil and Commercial cases through the New York State Court system. He completed training in compliance with Part 146 of the New York State Unified Court System’s Office of ADR Programs which included initial and advance training.
He has been a frequent author and lecturer for the New York State and Erie County Bar Associations on all areas of personal injury litigation and insurance coverage. He authored a chapter in the New York State Bar Association publication Construction Site Personal Injury Litigation, New York State Law Law secs. 200, 240(1), 241(6).
Tom was frequently named a Legal Elite and Who’s Who in Law by Business First and Buffalo Law Journal. He has also been recognized by Upstate New York Super Lawyers every year since 2008.
Tom resides with his wife, Stephanie. His interests include golf, pickleball, and guitar. Tom was the founder and captain of his Ride for Roswell Team for over ten years. He was a member of the Roswell Park Alliance Foundation Community Advisory Board for ten years.