Independent Arbitrator, Independent Mediator, Attorney, New York State Supreme Court Referee (Retired)

Independent Arbitrator & Mediator, 2022-Present; Referee, New York State Supreme Court, 1999-2022; Principal Law Clerk, New York State Supreme Court, 1988-1992 & 1996-1998; Court Attorney, New York City Civil Court, 1984-1988.

Trials have included a large variety of disputes, complex to simple litigation including commercial, contracts, construction, general and subcontractor, corporate shareholders, damaged goods, unpaid invoices, real property, indemnification, environmental trespass issues, insurance coverage, foreclosures, loans and promissory notes, negotiable instruments, attorney’s fees, labor law choice of laws, mortgage foreclosure, non-payments, trespass, statute of frauds issues, unjust enrichment, partition, professional malpractice.<br/><br/>Presided over hundreds of NYS Supreme Court cases. The following is a very small sample of cases presided over: <br/><br/>Corporate shareholders dividing business proceeds brought action for accounting, unjust enrichment, constructive trust, fraud. In this case, the company imports goods from Asia. Problems with the law arose and funds in various accounts had to be determined to be part of the corporations assets and divided.<br/><br/>Alleged damages for unpaid invoices, plus attorney’s fees. Defendant, nationwide wholesaler used plaintiff’s freight carrier service for a period of time. Defendant claimed merchandise had been damaged during shipping and failed to pay some invoices. Plaintiff brought a claim for damages of unpaid invoices, plus attorney’s fees. The Rules of Tariff were included in the Bill of Lading. Experts testified as to the operating structure of the parent corporation.<br/><br/>Breach of oral agreement to pay loan from employee of business. The business owner left the country and got a wire transfer from plaintiff, an employee of the business. The owner also had use of the employee’s credit card. Employee claimed owner used the loan for personal use while away.<br/><br/>Plaintiff hired architect to renovate building. Specifications were made, approvals of building department were needed. After many attempts to get plans approved, plaintiff brought action to recover money spent on the project.<br/><br/>Defendant annexed a huge amount of coast land to his property. Trespass, violations of The Environmental Protection Agency and penalties.<br/><br/>While building new construction, damage to adjoining house of worship and property during excavation.<br/><br/>Alleged failure to pay for construction work performed. Claims of breach of contract and abandonment of operations, failure to pay vendors. <br/><br/>Action arising from the terms of a loan transaction of a real estate holding company in connection with an Employee Stock Ownership Plan (ESOP), and the method in which the loan was to be repaid.<br/><br/>Alleged breach of contract and claim of defective and negligent work. Construction company was to demolish existing structure and construct a new structure on the property. Stop Work Order was issued by DOB. Issue arises as to whether Stop Work Order issued due to mistake in iron work or due to architects error in design. <br/><br/>In addition, Supervised Preliminary Conference Part for NYS Supreme Court, Civil Term, County-wide for nine years.<br/><br/>Presiding over Arbitrations and Conducting Mediations 2022-Present<br/><br/>Cases include: All business issues including corporations, partnerships, buy outs, breach of contract, fraud, Asset Purchase Agreements, Purchase Money Notes, loan transactions, employee stock ownership plans.

Mediations with very high success rate. Have mediated/settled hundreds of commercial cases. Matters have included a large variety of disputes, complex to simple litigation, including multi-party litigations, including commercial, contracts, construction, general and subcontractor, corporate shareholders, purchase of practices and businesses, withdrawal, redemption, retirement agreements, partnership disputes, dissolutions, crypto currency, damaged goods, unpaid invoices, commercial real property, indemnification, environmental trespass issues, insurance coverage, foreclosures, loans and promissory notes, negotiable instruments, attorney’s fees, labor law choice of laws, mortgage foreclosure, non-payments, trespass, statute of frauds, adverse possession and ejectment, specific performance, rent arrears, breach of lease and damages, declaratory judgment action, re: coverage, conversion, unjust enrichment, commercial realtor purchase agreement of large parcel of real property.<br/><br/>Mediate commercial matters as a panelist of the American Arbitration Association and for the New York State Supreme Court Mediation Roster of Mediators.

The beauty of mediation is that it allows the participants to have a say and control in their own lives. The decisions are made by the parties. The ultimate decision to settle and put this matter behind you, thus allowing them to move forward in their lives is made by the parties.<br/><br/>As mediator, I familiarize myself with the case. I ask each side to send to just me (not to their adversary), at least 5 days prior to the mediation, a very brief, confidential pre- mediation summary, which includes: 1) what they believe the facts of the case to be, 2) any previous settlement discussions, 3) what each side believes might be a successful pathway forward toward resolving this matter, plus any other documents they feel are important to the case. (This list of doc’s can be viewed by both sides).<br/><br/>On the day of the mediation session each attorney/party very briefly states what they believe to be the very general facts of the case (5-10 minutes). I then speak separately to each side, discussing possible ways to settle the matter. I then report back to the other side, saying only what each party has given me permission to say. I believe firmly in each sides right to confidentiality and will only say what they expressly give me permission to say to the other side. This process of going back and forth between sides privately continues until we get closer and closer to a settlement. We continue these separate discussions until we reach success.<br/><br/>After reaching settlement, the attorney’s write a brief understanding of the settlement which they can formalize later.

Regularly conduct arbitration hearings and mediations via online platforms which works very well.<br/><br/>Also can use Zoom or Teams, if preferred as well as LoopUp or GoToMeeting.<br/><br/>For consumer cases, prefers to use online platforms.

St. John’s University School of Law (JD, Dean’s List-1984)<br/>University of Pennsylvania (BA, Magna Cum Laude, Early Graduation-1979)

Admitted to the Bar: New York (1985); US District Court: Southern District (2009), Eastern District of New York (2009).

Chairperson & Memberships<br/>National Association of Women Judges (2002- Present), Co-Chairperson of Mothers in the Courts Committee (2020-2022), Chairperson of District 2 Committee on Legal Education & Mentoring Created Internship Opportunities (Summer Judicial Clerkships (2012-2018); Queens County Bar Association (1985-Present), Board of Managers (2018-2020), Chairperson of Human Rights Committee (2015), Co-Chair of Human Rights Committee (2016-Present), Chairperson of Mentoring Committee (2003-Present); Women’s Bar Assoc. of the State of NY (1997-Present), Chairperson of the Committee on Equal Rights in the Profession (2012) Co-Chair (2013); Brandeis Bar Association (1987-Present), Board of Directors (2004-Present); NYC Bar Association (1998-2019); Queens County Women’s Bar Association (1997-Present); Established and lectured in dozens of legal education programs at NYC Bar Association, Queens County Bar Association, Columbia University, CUNY Law School, New York State Bar Assoc.(1997-Present) - Alternative Dispute Resolution Section Committee (2021-Present), ADR Ethics Committee (2022).

Speaker - Data Protection Laws and Rights of Privacy Laws - Queens County Bar Association (1/24)<br/>Panelist -Tough Calls & Recovery Issues -Commercial and Federal Litigation Section of NYSBA program (12/22)<br/>Judge & Facilitator - National Legal Tech Innovation Tournament- "To improve Dispute Resolution" NYSBA &.Hofstra Law (11/22)<br/>Speaker - Present Day Issues in Civil Rights and Human Rights Law -"Employment Discrimination" Queens County Bar Assoc. (5/18)<br/>Created & Facilitated Statewide Program for Mentoring Opportunities - Women's Bar of the State of New York (2012-2013)<br/>Created & Facilitated Summer Supreme Court Clerkships - National Assoc. of Women Judges, Div. II (2012-2018)<br/>Speaker & Developer of "My Rights, My Nation, Constitutional Freedoms Now & Into the Future" Led workshops including: "Discrimination in the Workplace"; "Internet Privacy & Security Rights", "New Technologies & the Fourth Amendment" - New York City Bar Assoc. Bi-annually (2006-2013)

$750 Per Hour

English

United States of America

Bayside, NY