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Stephen L. Brodsky, Partner Decorative element

Stephen L. Brodsky

Partner

stephen@mazzolalindstrom.com
TEL 646 216 8300 ext. 114
MOBILE 516 314 1407
DOWNLOAD BIO      LINKEDIN     VCARD 

Stephen L. Brodsky

Partner

stephen@mazzolalindstrom.com
TEL 646 216 8300 ext. 114
MOBILE 516 314 1407
DOWNLOAD BIO      LINKEDIN     VCARD 


Stephen is a complex commercial litigator and legal advisor to his corporate and individual clients. His practice spans industries. Stephen handles, for example, matters involving private company disputes and “business divorces”; unfair competition, trade secrets, and business torts; restrictive covenant and employment disputes; claims involving corporate Boards; securities, financial instruments, and banking matters; real estate disputes; construction projects, and complex contract disputes of all types.  Over his career, he has litigated many high-dollar matters before federal and state courts, arbitral tribunals and agencies across the United States, through trial and appeal.

Stephen also represents his clients in their corporate transactions and concerning matters that arise in their business operations.  He is known is also known for his creative problem solving and sound judgment. In addition to his practice, Stephen writes for legal and business journals, presents CLEs and seminars, and serves in leadership roles with both the American Bar Association and New York Bar Association.

Stephen is also committed to charitable causes and civic involvement.  He is also committed to giving back. Stephen is a Director of and Counsel to Autism Communities, a NY non-profit, and a New York State volunteer ambassador for Autism Speaks, a national advocacy organization.

EDUCATION

  • Columbia Law School
    Juris Doctor, 1993

    • Harlan Fiske Stone Scholar
    • Journal of Law and Social Problems
  • University of Pennsylvania
    B.A., Philosophy, 1989, summa cum laude, Phi Beta Kappa

Activities & Affiliations

  • American Bar Association
    • Co-Chair, Securities Litigation Subcommittee
    • Practice Points Editor, Commercial & Business Litigation Committee
    • Co-Chair, Alternative Dispute Resolution Subcommittee (2018-2019)
  • New York State Bar Association
    • Chair, Business Organizations Law Committee
    • Co-Chair, Committee on Federal Judiciary
    • Member, NYSBA Task Force on COVID-19 Immunity and Liability
  • Financial Poise, Faculty Member

Honors

  • AV® Preeminent™ rated by Martindale-Hubbell
  • Theodore Roosevelt American Inn of Court, Member

Bar & Court Admissions

  • New York
  • U.S. Court of Appeals for the Second, Third and Eighth Circuits; U.S. District Courts for the Southern and Eastern Districts of New York

Representative Cases

  • Ackerson Builders LLC v. Vol S. Davis III and James R. Corbett, Jr., (N.Y. Sup. Ct., Suffolk County, Index No. 607/725/2020) (St. George, J.) (secured full dismissal of complaint in dispute involving general contractor’s negligent home improvement services at clients’ Southampton estate).
  • Donaldson Interiors, Inc. v. F.J. Sciame Construction Co., Inc., et al., 188, A.D.3d 816, __ N.Y.S.3d __ (2d Dept. 2020) (affirming award of $664,462.50 in interest in addition to settlement amount).
  • H. Stern Jewelers, Inc. v. International Shoppes, LLC, N.Y. Sup. Ct., Nassau County, Index No. 602188/2020 (Destefano, J.) (successfully defended multi-member limited liability company in special proceeding by one of its members; obtained favorable resolution for client).
  • Wilmington Trust Company, as Indenture Trustee and Institutional Trustee v. Florida First City Banks, Inc., 1:19-CV-088443-VM (S.D.N.Y.) (defended bank holding company in litigation seeking over $7 million in damages for alleged default on debentures issued by company).
  • Professional Security Broadband, Inc. v. D. Brent Franklin, 2:16-CV-02488-FB-GRB (E.D.N.Y.) (successfully represented industry-leading company in a federal litigation and related arbitration various breaches by the company’s former officer and shareholder; coordinated defense of related Pennsylvania state court action by the former officer against the company and its directors).
  • Cityfront Hotel Assocs. Limited Partnership v. Maya Systems, LLC d/b/a Benchmark Furniture Manufacturing, 1:16-CV-02488-CBA-RLM (E.D.N.Y.) and Maya Systems, LLC, d/b/a Benchmark Furniture Manufacturing v. THR 43 Land LLC, et al., N.Y. Sup. Ct., N.Y. County, Index No. 651670/2014 (James, J.) (successfully defended national furniture manufacturing company in related federal and state litigations alleging defective manufacturing claims; co-hearing counsel for week-long private arbitration).
  • In re Kleinberg Electric, Inc., N.Y. State Dept. of Economic Development (Final Order 18-15) (obtained reversal of denial of NYS Woman Business Enterprise (WBE) certification for national electrical company; lead appellate brief writer).
  • Bonadio v. Bonadio, N.Y. Sup. Ct., Queens County, Index No. 710368/2016 (Caloras, J.) (summary judgment in real property dispute, awarding declaration of easement and dismissal of all counterclaims).
  • Bank of Communications, New York Branch v. Ocean Development America, Inc., et al., 1:07-CV-04628-TPG (S.D.N.Y.) (awarding judgment in favor of fifth largest bank in China in fraudulent conveyance action after borrower’s default on a $5 million loan; co-trial counsel for bank).
  • Chen v. Sun, et al., 1:13-CV-00280-ALC-KNF, 2016 WL 270869 (S.D.N.Y Jan. 21, 2016) (dismissing plaintiff’s foreign money judgment enforcement action).
  • 70 West 45th Street Holding v. Waterscape Resort, LLC, N.Y. Sup. Ct., N.Y. County, Index No. 651670/2014 (Kornreich, J.) (secured release of $500,000 escrow guaranty payment due to defendant’s failures in connection with the development of a celebrity chef affiliated Manhattan restaurant).
  • Waterscape Resort LLC v. 70 West 45th Street LLC, et al., N.Y. Sup. Ct., N.Y. County, Index No. 652124/2014) (Scarpulla, J.) (denying preliminary injunction in action alleging that client infringed and misused hotel trademark and tradename).
  • PCCP Capital II, LLC v. HNA Property Holdings LLC, N.Y. Sup. Ct., N.Y. County, Index No. 615808/2013 (Ramos, J.) (denying summary judgment in action seeking payment of an $8.12 million guaranty in connection with New York City development project).
  • Cayuga Indian Nation of New York v. Village of Union Springs, et al., 317 F. Supp. 2d 128 (N.D.N.Y. 2004) (granting summary judgment for native American tribe, awarding declaratory judgment allowing the tribe’s use of property within municipalities’ boundaries; co-hearing counsel).
  • Dubinsky v. American Arbitration Association, et al.,303 A.D.2d 318, 758 N.Y.S.2d 18 (1st Dept. 2003) (affirming dismissal of breach of contract and tortious interference action against client, the largest insurance company in the U.S.).
  • Freeman v. Sandals Resorts, Int’l, Ltd, 3:00-CV-01512 (D. Conn. 2003) (defense jury verdict, after week-long trial, of negligence action against international resort company; second chair for resort at jury trial).
  • A&A Assocs. v. Olympic Plumbing & Heating Corp., et. al,306 A.D.2d 296, 760 N.Y.S.2d 652 (2d Dept. 2003) (affirming summary judgment dismissing unfair competition action against client).
  • Brown v. Sandals Resorts, Int’l, Ltd, 284 F.3d 949 (8th Cir. 2002) (ypholding jury verdict in favor of defendant international resort company in negligence action).
  • Smith v. S&S Dundalk Engineering Works, Ltd., et al.,139 F. Supp. 2d 610 (D. N.J. 2001) (dismissing declaratory judgment coverage action against multi-national insurance company).
  • AIU Ins. Co. v. Unicover Managers, Inc., et al.,282 A.D.2d 260, 724 N.Y.S.2d 147 (1st Dept. 2001) (affirming dismissal of reinsurance coverage action against managing general underwriter for pool of reinsurers).

Awards and Honors

  • AV® Preeminent™ Rated by Martindale-Hubbell
  • Theodore Roosevelt American Inn of Court Member

Publications

  • “Business in a Post-Covid World: Survive and Thrive,” Long Island Business News, November 27, 2020
  • Cross-Border Arbitration: A Beneficial Alternative To Resolving International Commercial Disputes,” American Arbitration Association, Dispute Resolution Journal, Fall 2020
  • “Business Divorce In The Time Of COVID-19,” Law360 – May 8, 2020
  • “FINRA Arbitration of Customer/Broker-Dealer Disputes: An Overview for the Uninitiated,” American Bar Association, Commercial & Business Litigation Committee Quarterly, Winter 2020
  • “Restrictive Covenants In Employment and Related Contracts: Key Considerations You Should Know,” ABA’s Commercial & Business Litigation Practice Points, February 9, 2019
  • “Best Practices When Using Term Sheets, Letters of Intent or Memoranda of Understanding in Commercial Finance Transactions,” TSL Express, October 30, 2018
  • “Protecting Venture Capital Firms Against Securities Litigation,” ABA Securities Litigation Journal, August 25, 2018
  • “Navigating Federal and State Law in a NY Arbitration,” New York Law Journal, August 3, 2018
  • “Enforcing Preliminary Agreements Under New York Federal Law,” New York Law Journal, January 5, 2018

Speaking Engagements

  • “When Preliminary Agreements Are Enforceable: Best Practices When Using MOU’s, LOI’s and Term Sheets For Commercial Transactions,” NYSBA CLE Webinar Course Presenter – June 18, 2020
  • “Why Exit Planning Is Needed – Lessons From COVID-19,” Webinar Course Presenter – May 21, 2020
  • “Taking and Defending ‘Winning’ Depositions: Secrets for Success,” NYSBA CLE Webinar – May 14, 2020
  • “Business Disputes in the Time of COVID-19,” Presenter, Accountants Resource Group – April 28, 2020
  • “Resolving Shareholder Disputes,” Panelist and Faculty Member, Financial Poise and West Legal (webinar available at WestLegalEdcenter.com) – April 1, 2020
  • “Arbitration – Best Practices, Hot Topics and Insights from the Panel,” Moderator, Co-Chair of Alternative Dispute Resolution Subcommittee, American Bar Association (Panelists – Hon. Michael H. Dolinger (Ret.), Mr. Theo Cheng and Dr. Patricia D. Galloway) – October 8, 2019
  • “Business Succession Planning and Negotiating Agreements for Your Business,” Presented with Blue Ocean Wealth Solutions – June 26, 2019
  • “Conducting A Commercial Arbitration In New York: The Interplay of Federal Law, State Law and The Rules of The Arbitration Forum,” CLE Seminar, Nassau County Bar Association – February 28, 2019
  • “Restrictive Covenants and Confidentiality Agreements: What They Are and What You Need To Know,” CLE Webinar, The Knowledge Group – September 26, 2018

Community Affiliations

Mr. Brodsky is a Board member of and Counsel to Autism Communities, a New York non-profit organization establishing supportive residential housing for adults with autism in the state, with social, educational and employment opportunities.

Mr. Brodsky is actively involved in Autism Speaks, a national non-profit autism advocacy, research and support organization. He is a Volunteer Advocacy Ambassador for the State of New York. In that role, Mr. Brodsky, along with other advocates across the country, works with federal and state government representatives to further Autism Speaks’ policy initiatives. He is also a Member of the Autism Speaks Long Island Walk Committee. The Long Island Walk is the second largest fundraising walk event for Autism Speaks in the United States.

In the News

  • We are proud to announce that Stephen Brodsky, NY Partner, has been appointed by New York State Bar Association President Karson to serve on the NYSBA Task Force on COVID-19 Immunity and Liability.
  • “Why Exit Planning Is Needed – Lessons From COVID-19,” Webinar Course Presenter – May 21, 2020
  • “Business Divorce In The Time Of COVID-19,” Law360 – May 8, 2020
  • “FINRA Arbitration of Customer/Broker-Dealer Disputes: An Overview for the Uninitiated,” American Bar Association, Commercial & Business Litigation Committee Quarterly – Winter 2020
  • “Resolving Shareholder Disputes,” Webinar Panelist – April 1, 2020