Representative Cases
Indemini v. Beth Israel Medical Center, 4 N.Y.3d 63, 790 N.Y.S.2d 625 (2005), affirming, 309 A.D.2d 651, 765 N.Y.S.2d 849 (1st Dep't 2003). Mark successfully defended a major New York City hospital in an appeal before the New York Court of Appeals brought by a resident physician challenging her termination from the hospital's emergency residency program.

Loew v. Kolb, 2003 WL 22077454 and 2003 WL 22271221 (S.D.N.Y. 2003). After obtaining a significant six-figure award on behalf of a securities professional based on claims of wrongful termination and fraud against her former employer in an NASD arbitration, Mark secured a pre-confirmation restraint of the defendant's assets in federal court and had the arbitration award confirmed by that court.

Moresco v. Theatres & Concerts International, (Sup. Ct. Queens Co. 2004). In a personal injury action for serious injuries sustained by a theatrical teamster while unloading stage props and scenery, Mark prevailed on a summary judgment motion resulting in the dismissal of all claims against a theatrical general management company.

Penalosa v. Mid Atlantic Capital, (Sup. Ct. N.Y. Co. 2002). Mark successfully moved to dismiss on jurisdictional grounds all claims against an international travelers association based in Texas, London and Hong Kong. The plaintiff sought to have liability imposed for the fraud and breach of contract by a defunct offshore life insurance company whose group life policies had been offered to the association's members.

Aloni v. Unidigital Inc., (Sup. Ct. N.Y. Co. 2000). Mark and Dan Kornstein secured a preliminary injunction in a complex bet-the-company action against a group of disloyal key employees seeking to start a new competing business and solicit the current employer's customers.

Anonymous v. Anonymous, 245 A.D.2d 369, 665 N.Y.S.2d 590 (1997). With Dan Kornstein, Mark represented noted film artist in a contested family court custody resulting in the court ordering restrictions the father had sought to protect his child's safety.

Burstin Investors, Inc. v. K.N. Investors, Ltd., 239 A.D.2d 376, 657 N.Y.S.2d 743 (2d Dep't 1997). Working with Dan Kornstein, Mark helped secure the affirmation of an $8.2 million judgment entered following a lengthy bench trial against a limited partnership's general partner for fraud, conversion, breach of contract and breach of fiduciary duty.

The Spectacular Venture, L.P. v. World Star International, Inc., 927 F. Supp. 683 (S.D.N.Y. 1996). Mark obtained an order holding the principal of a corporation that had defaulted on a settlement agreement in contempt of court for aiding and abetting corporation's non compliance.

Perez v. Park Madison Professional Laboratories, Inc., 212 A.D.2d 271, 630 N.Y.S.2d 37 (1st Dep't 1995). Mark successfully had malpractice claims against a physician dismissed on appeal. The plaintiff, who had come to the clinic where the physician worked seeking to have an abortion, brought an action alleging the physician had failed to obtain her informed consent because he had not counseled her that she might later regret her decision.

Frommer v. Travel Trade Publications, Inc., (Sup. Ct. N.Y. Co. 1991). In a defamation action by a noted travel writer against a travel publication, based on critical statements in the publications' editor's columns and editorials, Mark successfully moved to dismiss all claims on the ground that the challenged statements were constitutionally protected opinion or were simply non-actionable rhetorical hyperbole.

MacDonald v. McGinniss, (C.D. Cal. 1987). With Dan Kornstein, defended writer Joe McGinniss in a seven-week jury trial in California in an action by convicted triple-murderer Jeffrey MacDonald based on McGinniss's best-selling book about the murders, "Fatal Vision."

Itel Container International Corp. v. Compania Portuguesa de Transportes, (2nd Cir. 1986). Mark successfully argued an appeal in the Second Circuit defending a $1.2 million judgment against a Portuguese government-owned shipping authority based on failure to return leased shipping containers.