First Admitted: 1976, New York

Professional Webpage: https://www.cpsslaw.com/attorney/steven-d-skolnik/

Bar/Professional Activity:

National Trial Lawyers - Top 100 Trial Lawyers New York State, 2024
New York State Bar Association Member, 2024
U.S. Federal Courts, 1977, 2024
American Bar Association, 2024
American Bar Association, Formerly Judge, National Moot Court Competitions
Colorado, 1997, 2024
U.S. District Court Southern District of New York, 1977, 2024
U.S. Supreme Court, 1991, 2024
American Arbitration Association, Former Member, Panel of Arbitrators
United States Soccer Federation, Former Referee
New York, 1976, 2024
The National Trial Lawyers, 2023
U.S. District Court Eastern District of New York, 1977, 2024
U.S. Court of Appeals 2nd Circuit, 1991, 2024
New York Chamber of Commerce, Governmental Affairs Subcommittee, Former
American Bar Association, Section on Corporation & Business Law, Member, 2024
Texas, 1997, 2024

Verdicts/Settlements (Case Results):

In Appellate Division, upholding a judgment of foreclosure and sale and order of the Supreme Court in Kings County denying motion to vacate based on lack of personal jurisdiction where there was a hearing in the court below., 2024
Dismissal of claims brought by insurance company in federal court against client individual defendant in multi-defendant case involving parties in multiple jurisdictions , 2020
220 AD3d 401, 197 N.Y.S.3d 22, N.Y. Slip Op. 04916, denying appeal of defendant from motion of plaintiff client for discovery penalties based on non-compliance with discovery obligations resulting in case proceeding to damages phase on behalf of plaintiff under filed note of issue. , 2023
Supreme Court, Dutchess County, Index No. 2021-54901, summary judgment in favor of defendant relating to claims by plaintiff concerning large piece of property relating inter alia, to imposition of a constructive trust based on an alleged joint venture investment agreement., 2023
1591 Second Avenue LLC v. Metropolitan Transit Authority, Supreme Court, New York County, 04/26/2022, on remittitur from the Appellate Division, First Department, representing the plaintiff and achieving the striking of defendant's answer and placing the matter on the inquest calendar in a multi-million dollar claim involving alleged property damage stemming from the construction of the Second Avenue Subway, and construing the seminal case of Jackson v. City of New York, 185 A.D.2d 768, 770 (1'st Dep't 1992). , 2022
1591 Second Avenue LLC v. Metropolitan Transportation Authority, Appellate Division, First Department, successfully represented the plaintiff property owner on the brief in obtaining a unanimous vacatur of an order of the Supreme Court, New York County, which denied the plaintiff's motion to strike the answer. The Appellate Court remitted the matter for further proceedings and agreed with the contention that the court below had improvidently exercised its discretion in finding the defendant had not willfully failed to comply with discovery orders and had substantially complied without reviewing certain affidavits that had not been supplied after six court orders directing the defendant to comply and that were supplied only after the third motion to strike almost two years after the defendant was initially ordered to do so., 2022
In the Matter of Red Hook v. 2M Mechanical, Appellate Division, Second Department, decision and order on successful appeal resulting in reversal of lower court order on matter of first impression, construing Lien Law Section 38 and Lien Law Section 10 and holding that upon cancellation of a mechanic's lien for failure to properly itemize the lien, Section 38 does not prohibit the filing of second mechanic's lien with additional itemization within the statutory period. , 2022
Settled action in federal court involving multiple defendants on claims arising from actions allegedly violative of fiduciary duties and fraud, on behalf of a defendant where claimed fraud derived from alleged manipulation of technology. , 2020
Stipulated dismissal of claims in federal court brought by major business entities against client defendant closely-held out of state seller of products allegedly in violation of intellectual property rights. , 2019
Achieved resolution in federal court action in international entertainment industry in favor of plaintiff against defendant former associate alleged to have violated IP rights and engaged in tortious conduct., 2019
Resolved on behalf of defendant businessperson contested real estate and other business-related claims, related to a substantial matrimonial proceeding , 2019
Achieved stipulated dismissal of action in federal court on behalf of individual defendant in multi-plaintiff and defendant case in securities industry, 2019
Achieved voluntary dismissal of action in New York federal court by plaintiff on behalf of defendant in technology industry after motion practice. , 2021
Represented a local judgment debtor in collection proceedings after all appeals were exhausted which resulted in creditor to date has failed to collect a multi-million dollar judgment., 2018
In litigation in New York and a foreign jurisdiction that had been the locus of previous litigation, successfully positioned the New York proceedings to achieve pursuit of claims in New York to advantage of foreign jurisdiction client, with adverse party dropping claims in foreign jurisdiction., 2018
Represented a domestic based worldwide food distributor and successfully opposed the application by a foreign exporter seeking to confirm an industry panel arbitration award under the Federal Arbitration Act and the New York Convention that led to the voluntary dismissal of the federal court action., 2018
Represented a major distributor of nationally branded automotive products in a lawsuit before the Commercial Division of the Supreme Court of the State of New York over the international sale of goods and successfully dismissed several causes of action which led to the ceasing of active litigation in favor of possible mediation and resolution of an alleged seven figure dispute., 2018
Represented shareholder bank in successfully defending and achieving dismissal of all claims prior to joinder of issue in case involving alleged breach of fiduciary duty and other wrongs, in Commercial Division, New York County., 2018
Represented household name Media company as landlord in successful Landlord-Tenant commercial litigation in Civil Court, New York County, to obtain back rent and rent going forward., 2018
Where cooperative corporation had commenced action against owners in landlord-tenant court and would not permit sale of apartment, defended out-of-state cooperative apartment owners and pursued affirmative action in Supreme Court proceedings to settle claims and permit sale of apartment and obtain waiver of various alleged charges all to satisfaction of client., 2018
In arbitration before eminent panel of arbitrators, mediation and negotiation of dispute involving contested equity ownership and alleged breach of restrictive covenant by client officer/owner, negotiated complex settlement involving seven figure payments over time, settlement agreement, purchase agreement, promissory note, pledge agreement, guarantee, escrow arrangements with multiple counterparties., 2017
In dispute involving consulting firm represented by major national firm, represented officer, first in achieving seven figure benefits in acquisition and then in formulating exit strategy in light of allegations of harassment and retaliation to successfully achieve settlement waiving restrictive covenants., 2016
In action, third-party action and related actions, represented owner of a building that was demolished by order of the New York City Department of Buildings as a safety hazard, against adjoining owner, engineers, contractor and sub-contractors and insurance carriers, in case involving underpinning of adjoining building in the construction of a hotel, in discovery, multiple depositions, motion practice and mediation resulting in settlement and an order providing for entry of judgment against adjoining owner in the event of default in payment of multiple seven figure settlement. Supreme Court, New York County, Index No. 603102/2008, Filed 11/29/16, NYSCEF Doc. No. 1159., 2016
In international arbitration between governmental entity and private entity achieved significant award in favor of governmental entity in contested hearings before international panel of arbitrators, 2016
In case before the Court of Appeals, the highest court in the State of New York, represented landlord where issues were whether a prior holdover proceeding where money damages were not awarded barred a subsequent action to collect and whether liquidated damages clause providing for collection of undiscounted accelerated rent where landlord had collected seven figure rent from a commercial tenant was a penalty. First issue ruled no bar, and second issue remanded for a hearing. , 2014
In action in federal court involving music production and distribution, in dispute between company and former employee now competing with company, achieved TRO and preliminary injunction in claim under Lanham Act, Computer Fraud and Abuse Act and common law against former employee regarding access to electronically stored information, solicitation of clients, diversion of funds, and filing of take-down notices under the Digital Millennium Copyright Act. United States District Court, Southern District of New York, Case 1:17-cv-02084-ER, Document 31 filed 5/02/17., 2018
Firm was retained after a lower court had ruled against the client and enforced a seven figure judgment obtained overseas and previously domesticated in New York, The judgment had been enforced against a mixed use building in Manhattan owned by the client, depriving it of its major asset. On appeal we obtained two rulings in favor of our client. The first order of the Appellate Division, First Department, modified the decision of the lower court in the interest of justice to preclude enforcement of the judgment against our client’s asset in what the court described as an unusual case involving two unrelated business entities operating under the same name. The second ruling involved a claim that the firm had brought, taking the offensive on behalf of the principals of the building owner against the judgment creditor, a claim that also had been dismissed in the court below. The second order held in our clients’ favor that they had standing to sue and stated claims for unjust enrichment and imposition of a constructive trust against the judgment creditor and the funds against which the judgment was enforced. G.F.A. Advanced Systems, Ltd. v. Local Ocean LLC, 137 A.D.3d 479, 26 N.Y.S.3d 285 (1st Dep’t 2016); Haberberg v. G.F.A. Advanced Systems Ltd, 137 A.D.3d 481, 28 N.Y.S.3d 12 (1st Dep’t 2016), 2016

Transactions:

In field of educational testing, achieved completion of corporate documents and agreements relating to merger of corporations, such as shareholder agreements, indemnification agreements with shareholders and corporate offices located in Europe., 2023
Via organization and dissolution of business entities in international business, achieve desired control of business on behalf of client principal owner/manager , 2021
Multi-jurisdictional employment related matters involving consulting business engaged in the business of advising investment advisory businesses , 2022
Represented inventor and owner of business in medical field who sold equity and was then employed by the business in transaction involving exiting from the business including employment related and equity based transactional items where applicable law involved more than one jurisdiction., 2022
For firm working in submersible drone space, negotiated and drafted investment and operating agreement., 2018
For firm handling ongoing platform for securities industry transactions, negotiated and drafted operating agreement., 2018

Pro bono/Community Service:

Membership on committees or counsels of the New York Chamber of Commerce and Town of Scarsdale
Advising counsel for community not-for-profit organization serving religious institutions nationally in the United States. , 2024

Honors/Awards:

AV Preeminent Rating™, LexisNexis Martindale Hubbell
Top 100 Trial Lawyers in the State of New York, The National Trial Lawyers
Selected in the October 2010 edition of Avenue Magazine as one of Avenue Magazine’s Legal Elite

Educational Background:

Yale University, B.A. summa cum laude, Honors: Phi Beta Kappa, 1972

Scholarly Lectures/Writings:

Lecturer, National Institute for World Trade
Lecturer, New York Law School

Industry Groups:

Attorney Compliance
Construction; Development; Regulatory
Pharmaceutical
Retail
Technology

Steven D. Skolnik