Practice Areas

Does someone owe you money? Are you being sued?


Mark Bastian has successfully litigated cases throughout the New York City metropolitan area since 2003, including business disputes, real estate disputes, contract claims, commercial transactions, tort claims (e.g., negligence, fraud, etc.), partnership dissolution, as well as commercial and residential disputes.

The New York Court system can be overwhelming and confusing for almost anyone. Mark offers each client personal attention throughout all phases of their case. He prides himself on being open and honest with respect to the legal process, costs, timing as well as the pros and cons of each case.

Are you buying or selling real property?


The valuable experience that Mark gained in the courtroom served as the foundation for expanding his practice to commercial and residential real estate. He was initially very reluctant to stray from litigation, which had proved to be his comfort zone. However, over time, several of his clients convinced him to assist them with their real estate needs, including buying, selling and refinancing of co-ops, condos, houses and buildings throughout New York. Since then, Mark has successfully represented hundreds of clients with their residential and commercial real estate transactions.

What sets Mark apart from other law firms? For one, he will personally assist you from contract to closing. It can be a confusing and stressful time, which is why he is always available to answer your questions or concerns and to address any issues that may arise during the purchase/sale/refinance process. Next, in the highly unlikely event that something goes awry, Mark has a wealth of experience litigating disputes. Not to worry -- he is not looking for your real estate transaction to wind up in court! Rather, Mark will leverage his experience in the courtroom to recognize and avoid problems before they occur. Experience matters.

Co-op Buildings, Boards and Managing Agents


Mark offers a variety of services to New York City Co-op buildings, Boards and managing agents, including as follows:

Review and update proprietary lease and house rules;
Instituting "flip tax", new or revised sublet policies, etc.;
Transfer agent services;
Contract review;
Dispute resolution with shareholders, neighbors, etc.;
Litigation support;
Municipal violations (New York City DOB, FDNY, etc.);
Residential and commercial sales and leasing;
Refinancing of underlying mortgage; and
General legal counsel.

Mark will also advocate on behalf of unit owners (shareholders) in disputes with their board, management and other residents.

Real Estate Disputes


Whether your simple real estate deal go awry or you require complex real estate litigation, Mark can help. He has experience handling the following real estate disputes:

Breach of contract;
Fraud and misrepresentation;
Recovery or forfeiture of down payment;
Partition and co-owner disputes;
Commercial and residential lease disputes;
Neighbor disputes;
Municipal violations; and
Property damage.

Why should you hire Mark? He will be open and honest about your case and the potential outcomes. He will not hopelessly lead you down a path of endless litigation and legal bills. Instead, Mark will draw upon his vast transactional and litigation experience to offer you practical and cost-efficient solutions whenever possible.

Are you a contractor? Have you hired a contractor?


Mark has successfully represented both contractors and property owners with respect to drafting contracts and litigating disputes arising out of construction projects of all magnitudes. Whether you are a contractor or property owner, he can assist you with any of the following:

Contract review and drafting;
Disputes regarding non-payment for contracted work;
Disagreements regarding payment for extra work or change orders;
Work delays or stoppages;
Termination of work by a contractor or an owner;
Breach of contract by a contractor or an owner;
Mechanic’s Liens (filing or removing); and
General litigation.

What makes Mark different? Global perspective. He has negotiated hundreds of contracts from both sides of the aisle. Having worked for both contractors and property owners, he is able to carefully craft contract language that suits his client's needs. Mark can also help if a dispute arises, as he has successfully negotiated, mediated, arbitrated and litigated on behalf of both contractors and property owners since 2003.

Corporations / LLC's / Partnerships


Mark can help clients to form, transfer, sell and dissolve businesses and corporate entities. He also assists business clients in a wide array of contractual matters, including commercial leasing, sales contracts and negotiations.

So what happens when things go sour? Mark has successfully mediated, arbitrated and litigated highly contentious partnership and corporate dissolution disputes. Experience counts, as these matters often present numerous procedural and substantive hurdles.

About

Mark Bastian earned his Juris Doctor degree in 2002 from New York Law School, where he served as a member of the law review and graduated with honors.  He completed his undergraduate studies at New York University’s Leonard N. Stern School of Business (’99), where he earned a Bachelor’s degree in marketing, management and organizational analysis.  He also has an Associate’s degree in business from St. John’s University (’97), where he graduated with honors. 

 

Mark has been admitted to practice in the State Courts of New York since 2003.  He is also admitted to the United States Federal Courts in the Southern and Eastern District of New York and the Federal District of New Jersey.  He is a member of the New York City Trial Lawyers Association, New York State Bar Association and Association of Arbitrators.

 

Reviews

Excellent Attorney!

Mr. Bastian has always been, and continues to be, a staunch advocate -- diligent, reliable, with a second-to-none memory and striking ability to leave no stone unturned in getting us the desired result. A rare combination of personality and performance. We highly recommend him!

5/5

Excellent Real Estate Transaction

Mark was super helpful and made us feel important. From start to finish he was there for us and everything was fully explained and smooth. The closing process couldn't have gone any better, simply perfect!

5/5

Excellent Litigation Attorney

Mark represented me in a very contentious partnership dispute. Going through arbitration is very stressful. Mark explained everything in great detail and ensured that I was properly prepared. He handled everything professionally, was responsive and didn't nickel and dime me. I highly recommend him.

5/5

Fantastic Attorney

We consulted with Mark on co-op and tenant issues. He was very knowledgeable and thoughtful, but also refreshingly realistic and pragmatic. He really listened to what our needs were and what we were comfortable with personally, and broke things down in a very understandable way. I'm an attorney myself (working in a different area) and was impressed with how both responsible and strategic an advocate he was (while being very empathic and patient!). We had complete trust in Mark's thoughts on our situation and would not hesitate to hire him for any of our legal needs in the future. We highly recommend him to anyone who wants a smart and effective lawyer they can count on to be their best possible advocate.

5/5

Contact

330 East 38th Street, Suite 52C

New York, NY 10016

(212) 387-0381