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Overview

Stephen L. Brodsky is an attorney in the firm’s Construction and Litigation practice groups.  Mr. Brodsky represents and counsels general contractors, subcontractors and manufacturing companies in disputes involving public and private construction projects.  Mr. Brodsky also has a broad complex commercial litigation practice.  He is experienced in representing corporate and individual clients in matters involving business torts and unfair competition, shareholder, partnership and LLC disputes,  restrictive covenant and employment disputes (management-side), fraud, breach of fiduciary duty claims, securities and banking issues, class action and multi-district litigation and breach of contract disputes of all types.  

Mr. Brodsky practices in federal and state courts, representing clients from case inception through trial and appeal.  He is experienced at all stages of the legal process, including presenting argument at the trial and appellate levels and serving as trial counsel in both bench and jury trials.  Mr. Brodsky additionally represents clients in arbitrations, mediation and administrative proceedings.  Finally, he represents and advises clients to resolve their disputes without formal legal process.

In addition to his practice, Mr. Brodsky regularly writes on legal and business-related issues and has been published in journals such as the New York Law Journal, Law 360, Investment Management Weekly, New York Bar Association Journal, ABA Securities Litigation Journal and NY Litigator.

For the majority of his career prior to joining the firm, Mr. Brodsky practiced in the New York offices of major national firms.

Admissions

  • New York
  • U.S. District Court
    • Southern District of New York
    • Eastern District of New York
  • U.S. Court of Appeals
    • Second Circuit
    • Third Circuit
    • Eighth Circuit

Education

  • Columbia Law School – J.D.
    Harlan Fiske Stone Scholar
    Member, Journal of Law and Social Problems
  • University of Pennsylvania – B.A., summa cum laude, Phi Beta Kappa, Dean’s Honor List, Dean’s Board

Professional Memberships

  • American Bar Association – Alternative Dispute Resolution Subcommittee, Co-Chair
  • New York State Bar Association – Committee on Federal Judiciary, Co-Chair
  • Nassau County Bar Association – Construction Law and Commercial Litigation Committee, Member
  • New York Chapter of the Private Directors Association – Program Committee, Co-Chair

Community Affiliations

Mr. Brodsky is an Officer and Board member of 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 Committee Member for the 20th Anniversary/2019 Autism Speaks Long Island Walk.

  • Professional Security Broadband, Inc. v. D. Brent Franklin, 2:16-CV-02488-FB-GRB (E.D.N.Y.) (Represented industry-leading, closely-held company in federal litigation and related arbitration asserting asserted fiduciary and employment breaches against former officer, director and shareholder, including disclosures of proprietary information and non-compete violations; jointly defended with insurance counsel related Pennsylvania state action by former officer asserting wrongful termination, wage statute and defamation claims).
  • 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., Ct. N.Y. County, Index No. 651670/2014 (James, J.) (Successfully defended national furniture manufacturer in related federal and state litigations alleging defective manufacturing and breach of contract claims; co-hearing counsel in private arbitration).
  • In re Kleinberg Electric, Inc., NY State Dept. of Economic Development (Final Order 18-15) (Obtained reversal of denial of NYS Woman Business Enterprise (WBE) re-certification for national electrical company; lead appellate brief writer).
  • Bonadio v. Bonadio, Ct. Queens County, Index No. 710368/2016 (Caloras, J.) (Obtained full summary judgment in real property dispute, securing affirmative declaration of easement and complete 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.) (After trial, obtained judgment in favor of fifth largest bank in China asserting fraudulent conveyance claims against counterparty after its default on $5 million loan; co-trial counsel).
  • Chen v. Sun, et al., 1:13-CV-00280-ALC-KNF, 2016 WL 270869 (Jan. 21, 2016 S.D.N.Y) (Obtained dismissal, based on lack of subject matter jurisdiction, of counterparty’s federal foreign money judgment enforcement action against clients).
  • 70 West 45th Street Holding v. Waterscape Resort, LLC, Ct. N.Y. County, Index No. 651670/2014 (Kornreich, J.) (Obtained summary judgment, securing release and payment of $500,000 escrow guaranty to client in connection with the development of a high-end, celebrity chef affiliated Manhattan restaurant).
  • Waterscape Resort LLC v. 70 West 45th Street LLC, et al., Ct. N.Y. County, Index No. 652124/2014) (Scarpulla, J.) (Obtained denial of preliminary injunction in action against client for its alleged infringement and misuse of hotel trademark and tradename).
  • PCCP Capital II, LLC v. HNA Property Holdings LLC, Sup. Ct. N.Y. County, Index No. 615808/2013 (Ramos, J.) (Secured denial of summary judgment in action against client seeking payment of $8.12 million guaranty in connection with New York City property 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) (Obtained full summary judgment for plaintiff native American tribe seeking declaratory judgment for 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 largest insurance company in United States).
  • Freeman v. Sandals Resorts, Int’l, Ltd, 3:00-CV-01512 (D. Conn. 2003) (Defense jury verdict in trial of negligence action against international resort company client; jury trial second chair).
  • 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 dismissal of unfair competition action against plumbing and heating company client).
  • Smith v. S&S Dundalk Engineering Works, Ltd., et al., 139 F. Supp. 2d 610 (D. N.J. 2001) (Obtained dismissal, based upon lack of personal jurisdiction, of 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 declaratory judgment and breach of contract action for reinsurance coverage against managing general underwriter for pool of reinsurers).
  • AV® Preeminent™ Rated by Martindale-Hubbell
  • Cross-Border Arbitration: A Beneficial Alternative To Resolving International Commercial Disputes”, ABA, Section of Litigation Commercial & Business Litigation Committee Newsletter, Spring 2019
  • “Restrictive Covenants In Employment and Related Contracts: Key Considerations You Should Know”, ABA’s Commercial & Business Litigation Practice Points, Feb., 9, 2019

  •  “Best Practices When Using Term Sheets, Letters of Intent or Memoranda of Understanding in Commercial Finance Transactions”, TSL Express, Oct. 30, 2018

  •  “Protecting Venture Capital Firms Against Securities Litigation”, ABA Securities Litigation Journal, Aug. 25, 2018

  • “Navigating Federal and State Law in a NY Arbitration”, New York Law Journal, Aug. 3, 2018

  • “Enforcing Preliminary Agreements Under New York Federal Law”, New York Law Journal, Jan. 5, 2018

  • “M/WBE Regulatory Compliance – “Make The Effort/ Get The Waiver”, Client Alert, Dec. 2017

    • “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

    Super Lawyers Martindale Hubbel AV Preeminent Law 360