Erik M. Bashian – New York Trial Lawyer

Partner

Tel: (516) 279-1554
Fax: (516) 213-0339
Email: eb@bashpaplaw.com
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Erik M. Bashian is principal and founder of Bashian & Papantoniou.  Erik is a New York and New Jersey trial lawyer.  Prior to launching the firm, Erik was a New York trial attorney at one of the country’s premier general litigation defense law firms and New York trial attorney at a New York City commercial litigation law firm.   Today, Erik successfully represents clients in lawsuits involving business disputes, New York education matters, employee wage claims, breach of contract claims, education law proceedings, property damage issues, notice of pendency matters, real estate matters, construction claims, landlord-tenant proceedings, American With Disability Act claims, judgment enforcement cases, criminal matters, traffic related disputes and collection matters. Erik also handles a wide variety of personal injury matters, including general negligence, motor vehicle accidents and products liability.

He was selected as a 2014, 2015 and 2016 Rising Star by Super Lawyers and is approved by the Office of Court Administration in the State of New York to be appointed as a Discovery and Foreclosure Referee by Justices of the Supreme Court in New York State.  From 2011- 2013, Erik served as the Vice-Chairman of the Commercial Litigation Committee of the Nassau County Bar Association.

Erik concentrates his New York law practice in general and civil litigation at both the Federal and State levels.  He is an extremely hard working New York and Long Island trial attorney, who demonstrates a high level of responsibility and a strong passion for oral advocacy in the New York trial court system.  His diligent preparation and ability to master the law and details of every case he handles provides clients with invaluable legal strategies and assessments.

His clients include individuals, business owners, real estate property owners, property management companies, doctors, contractors, students, physicians, security guards, private investigators, dentists, restaurant owners, real estate brokers and hospitality groups.   Erik also represents prospective buyers and sellers in real estate closings for residential homes, condominiums, cooperative apartment buildings and commercial properties.  He also volunteers once a month with the Nassau County Mortgage Foreclosure clinic at the Nassau County Bar Association. His legal practice includes the negotiating, reviewing and drafting of business contracts, residential and commercial lease agreements, contracts of sale, employment agreements, settlement agreements and releases.

He also focuses a large portion of his practice on representing students in education disciplinary matters in the public and private school forum.   Here, Erik represents elementary and secondary school students in Education Law 3214 superintendent suspension hearings and at district residency hearings.  His representation of graduate and undergraduate students  includes his representation of them at code of conduct  hearings and, if necessary, on appeal.  Erik’s focus on student rights stems from his prior work with children as a juvenile prosecutor with the New York  City Law Department.

Erik is a native of Long Island, New York. Prior to becoming a  New York trial lawyer, Erik received his Bachelor of Science Degree from Towson University and graduated with a major in Business Administration, and concentration in Marketing. Erik was a recipient of the merit-based Towson University Scholarship and member of the Towson Honors College.  In 2004, he received his law degree from New York Law School, where he graduated in the top of his class.  During law school, Erik worked as an enforcement intern for FINRA (formerly known as the NASD), a self-regulatory organization of the securities industry then responsible for the operation and regulation of the Nasdaq stock market, and also served as an intern in the Domestic Violence Bureau of the Queens County District Attorney’s Office.  Erik is licensed to practice law in New York and New Jersey.

Key Recent Representations

  • Represented and defended construction management, and real estate development company in breach of contract claims concerning the construction and development of a luxury loft apartment building complex in New York City.
  • Represented and successfully defended New York City building owner in lawsuit filed by a former commercial tenant seeking breach of contract, constructive eviction and unlawful detainer.
  • Represented several of New York City’s most successful nightclub venues, restaurants and leading hospitality companies in state court lawsuits, administrative tribunals and landlord-tenant court proceedings.
  • Defended Metropolitan Transportation Authority owned bus company in a litany of personal injury and property damage lawsuits arising in New York City.
  • Represented client in its opposition to an RPAPL §881 proceeding and negotiated, and drafted the settlement agreement to resolve such dispute with neighboring real estate developer, which sought access to our client’s property for purposes of furthering a multimillion dollar real estate development project.
  • Represented and defended various commercial real estate brokerage companies, and their brokers in breach of contract claims involving the nonpayment of brokerage commissions.
  • Represented international jeweler in federal court lawsuit concerning million dollar breach of contract claim against premier jeweler and luxury goods retailer.
  • Represented New York high school student in Education Law 3214 Superintendent Hearing whereby a Long Island school sought expulsion of student for alleged violent activity off school grounds.
  • Defended New York registered security guard and patrol agency, and its qualifying officer at New York State administrative hearing, in which we successfully negotiated the dismissal of 53 of the 70 violations.
  • Successfully defeated motions for summary judgment in lieu of complaint on behalf of alleged borrower under loan documents and mortgages.
  • Defended employers in federal and state court for claims of unlawful discrimination, sexual harassment and breach of contract.
  • Defended undergraduate student against State University for claims that student violated the Code of Conduct by trespassing on school grounds during an interim suspension.
  • Represented songwriter in the bringing of a copyright infringement claim in federal court.
  • Successfully defended graduate student by obtaining dismissal of discplinary complaint concerning allegations of  academic dishonesty  asserted by a New York State University.
  • Represented New York business and property owner in lawsuit concerning claims stemming from purported violations of the American With Disability Act.
  • Represented contractor in the collection of monies owed by building developer.

Published Cases

  • PK Rest., LLC v Lifshutz, 138 AD3d 434, 435 [1st Dept 2016] (holding that a lease is personalty and that a notice of pendency against leased property was unavailable to sublessee in an action to seeking recover possession under sublease).

Memberships & Affiliations

  • American Bar Association
  • Armenian Bar Association
  • Brooklyn Bar Association
  • Jewish Lawyers Association of Nassau County, Inc.
  • Levy Lakeside Elementary, PTA, Executive Board, Legislation Chair
  • Merrick Jewish Center, Board Member of MJC Men’s Club
  • Nassau County Bar Association, Vice-Chairman of the Commercial Litigation Committee
  • Nassau County Bar Association, Volunteer at Superstorm Sandy Recovery Legal Consultation Clinics
  • Nassau County Bar Association, Volunteer at Mortgage Foreclosure Legal Consultation Clinics
  • National Multiple Sclerosis Society, Southern Chapter, Marketing and Corporate Relations Committee
  • New York State Bar Association
  • Suffolk County Bar Association

Bar Admissions

  • New York
  • New Jersey

Courts

  • Southern District Court of New York
  • Eastern District Court of New York

Super Lawyers

Media