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Erik M. Bashian
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Erik M. Bashian

Erik is a partner with Bashian & Papantoniou.  He is licensed to practice law in New York, New Jersey and the District of Columbia.  Prior to launching the firm, Erik was an attorney at one of the country’s premier general litigation defense law firms.  Today, he successfully represents clients in lawsuits involving civil rights discrimination, employment issues, business disputes, claims under the Americans with Disabilities Act ("ADA"), and solar energy law. 

Erik has been awarded the Super Lawyers distinction for the past few years in business litigation and selected by his peers as a “Rising Star” for the period of 2014-2020.  He concentrates his civil litigation practice at both the Federal and State levels.

Client Representations:

  • Represents multiple public and private solar power companies in foreclosure proceedings by defending their personal property interest in the solar panel systems installed upon real property.
  • Represents individuals with disabilities stemming from claims under the ADA.
  • Adequately defended construction management and real estate development company in a breach of contract claim concerning the construction and development of a luxury loft apartment building complex in Garden City.
  • Defended New York business operator and property owner in accessibility lawsuit under the ADA.
  • Successfully represented Garden City building owner in breach of contract and constructive eviction lawsuit filed by a former commercial tenant seeking to regain entry into a restaurant that it abandoned.
  • Represented several of Garden City’s premier nightclub venues, restaurants and leading hospitality companies in 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 Garden City.
  • Represented client in its opposition to an RPAPL §881 proceeding and entered into a settlement to resolve a highly contentious dispute with neighboring real estate developer, which sought access to client’s property for purposes of furthering a multi million dollar real estate development project.
  • Represented various commercial real estate brokerage companies and their brokers in breach of contract claims involving the nonpayment of brokerage commissions.
  • Defended security guard and patrol agency at New York State administrative hearing, in which he successfully negotiated the dismissal of 53 of the 70 violations.
  • Successfully defeated multiple motions for summary judgment in lieu of complaint for an alleged borrower under loan documents and mortgages that were in default.
  • Defended multiple employers in Federal and State court for claims of unlawful discrimination, sexual harassment and breach of contract.
  • Successfully defended graduate student by obtaining the dismissal of a disciplinary complaint in connection with allegations of academic dishonesty asserted by a New York State University.
  • Represented contractor in the collection of monies owed by a building developer.
  • Successfully prosecuted multiple breach of contract and mechanics lien foreclosure proceedings on behalf of a subcontractor against the general contractor and property owner.

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).
  • PK Restaurant, LLC v. Lifshutz, 654177/13, NYLJ 1202755053386, at *1 (App. Div., 1st, Decided April 5, 2016)
  • Federal National Mortgage Assoc. v. Lipman, 57722/16, NYLJ 1202794849789, at *1 (Sup., WE, Decided July 31, 2017)
  • Nelson v. Rockster Little Italy Pizza, Inc., et al., Civil Action No. 1:20-1755, (S.D.N.Y. February 18, 2021)
  • Breeze v. Kabila Inc., Civil Action No. 21-753 (JDB), 2021 U.S. Dist. LEXIS 239754 (D.D.C. Dec. 15, 2021)

Memberships & Affiliations:

  • American Bar Association
  • Armenian Bar Association
  • Brooklyn Bar Association
  • Disability Rights Bar Association
  • Jewish Lawyers Association of Nassau County, Inc.
  • Nassau County Bar Association, Former Vice-Chair 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
  • District of Columbia

Media

Courts

  • 2nd Circuit U.S. Court of Appeals
  • U.S. Court of Appeals for the District of Columbia
  • U.S. Southern District Court of New York
  • U.S. Northern District Court of New York
  • U.S. Eastern District Court of New York
  • U.S. District Court for the District of New Jersey
  • U.S. District Court for the District of Columbia