Erik M. Bashian
Tel: (516) 279-1554
Fax: (516) 213-0339
Erik is a principal and founder of Bashian & Papantoniou. He is licensed to practice law in New York and New Jersey. 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 business disputes, ADA claims, education matters, employee wage claims, breach of contract, property damage, real estate, construction related claims, landlord-tenant proceedings, and judgment enforcement cases. He also defends clients facing criminal charges and traffic violations.
Erik has been selected as a Rising Star by Super Lawyers for the period of 2014-2017. He 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 and has acted in such capacity on numerous foreclosure cases.
Erik concentrates his civil litigation practice at both the Federal and State levels. He is an extremely hard working attorney, who demonstrates a high level of responsibility and a strong passion for oral advocacy. 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, property owners, property management companies, physicians, contractors, students, physicians, security guards, private investigators, dentists, restaurant owners, real estate brokers and hospitality groups.
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.
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 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 high school student in Education Law 3214 Superintendent Hearing whereby a public school sought expulsion of student for alleged violent activity off school grounds.
- Defended 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 disciplinary complaint concerning allegations of academic dishonesty asserted by a New York State University.
- Represented New York business and property owner in Federal lawsuit concerning claims stemming from purported violations of the ADA.
- Represented contractor in the collection of monies owed by a building developer.
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)
Memberships & Affiliations
- American Bar Association
- Armenian Bar Association
- Brooklyn Bar Association
- Disability Rights 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
- Merrick-Bellmore Little League, Manager
- 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
- New York
- New Jersey
- Erik Bashian Discusses New York Education Law Issues
- Erik Bashian Discusses General Litigation Concerns
- New Jersey Star Ledger quotes Erik Bashian concerning the lost green Master’s Jacket of 1959 Master’s Champion Art Wall – April 7, 2012
- New York Post quotes Erik Bashian concerning damages sustained to his New York City client’s restaurant and brewery due to construction caused by neighbors – August 7, 2016
- 2nd Circuit U.S. Court of Appeals
- Southern District Court of New York
- Eastern District Court of New York
- United States District Court for the District of New Jersey