brickman

Brickman, John M.

Practice Areas: Litigation, Trusts & Estates, Financial Restructuring, Bankruptcy & Creditors’ Rights

Phone: 516-829-6900 ext. 412

Fax: 516-829-6966

Email: jbrickma@ackermanlevine.com

John M. Brickman, head of the firm’s litigation group, practices primarily in the areas of commercial litigation and trust and estates disputes. He has tried more than 100 cases before federal and state courts and arbitration tribunals, and has argued more than 100 appeals. He devotes particular attention to contract, corporate, partnership, employment, trusts and estates, intellectual property, unfair competition, civil racketeering, franchise, real estate, and construction cases, and frequently represents parties in disputes between principals of professional practices and substantial closely-held businesses.

Mr. Brickman combines legal practice with public service. From 2007 until 2011, he was a Commissioner of the New York State Commission on Public Integrity, the agency that enforced state lobbying and public employee ethics laws and regulations. He was a Director of the Nassau Health Care Corporation, which operates the Nassau University Medical Center, from 2005 to 2009. From 2005 to 2008, he served as Chairman of the Correctional Association of New York, an organization founded in 1844 that visits prisons and does research and advocacy in criminal justice issues. He remains a member of its Board of Directors.  Mr. Brickman serves as a Director of several charitable foundations, including The Levitt Foundation (from 2011 to 2014 he was also its President) and the Long Island Medical Foundation, and was a Director of the Nassau Health Care Foundation. From 1992 to 1994 he served as a Trustee of The Johns Hopkins University and President of The Johns Hopkins Alumni Association. Since 2006, he has been a member of the National Panel of Arbitrators of the American Arbitrators Association, and regularly serves as Arbitrator in AAA cases.

Mr. Brickman is pro bono legal counsel to the Manhasset-Great Neck Community Service Center, and is active in bar association, educational, and community activities. Annually, he chairs a Continuing Legal Education program on lawyers’ ethics and civility, presented by the New York State Bar Association. From 1991 to 2006, he was Adjunct Professor of Law at Touro College, Jacob D. Fuchsberg Law Center, where he taught the course in Pre-Trial Litigation to senior law students. He writes and speaks regularly on public issues, including government and legal ethics and the administration of correctional and criminal justice agencies.

Mr. Brickman received his undergraduate degree from The Johns Hopkins University and his J.D. degree cum laude in 1969 from Columbia University School of Law, where he was a Harlan Fiske Stone Scholar and Dean’s List Scholar and served as Revision Editor of the Columbia Journal of Law and Social Problems. From 1971 to 1975, he served as Executive Director of the New York City Board of Correction, the agency of New York City government that oversees the operation of the New York City jail system and issues reports and recommendations for change.

 

Martindale-AV-Logo

super-lawyers

 

 

 

 

 

PUBLIC AND COMMUNITY ACTIVITIES:

President, 2011-14, and member, Board of Directors, 2005-, The Levitt Foundation.

Commissioner, New York State Commission on Public Integrity, 2007-11.

Chair, 2005-08, and member, 2000-, Board of Directors, The Correctional Association of New York.

Member, Board of Directors, Nassau Health Care Corporation, 2005-09. Member, Executive Committee, 2007-09; Member and Chair, Governance Committee, 2006-09; Member and Chair, Legal and Audit Committee, 2007-09; Member, Compensation Committee, 2007; Member, Facilities Committee, 2007.

Vice Chair, 2014-, and Member, Board of Directors, 2008-, NuHealth Foundation (the charitable arm of the Nassau University Medical Center).

Trustee, The Johns Hopkins University, Baltimore, Maryland, 1992-94. Member, Educational Policy Committee.

President, The Johns Hopkins University Alumni Association, 1992-94. Awarded Hopkins Heritage Award and Gilman Award, 1994.

Chair, 2001-02, and member, 1999-2002, Nominating Committee, Great Neck Library; elected 1999, re-elected 2001.

 

PROFESSIONAL ACTIVITIES AND MEMBERSHIPS:

Member, National Panel of Neutrals, American Arbitration Association, 2006-. Have served as arbitrator in more than 35 AAA arbitrations.

Qualified as Guardian ad Litem 2001-, and Receiver, 2010-, in New York State Courts; frequent appointments as Guardian ad Litem, Referee in Foreclosure, and Temporary Receiver, 2000-.

New York State Bar Association: member, Special Committee on Prisoner Re-entry, 2013-; Committee on Arbitration, Dispute Resolution Section, 2013-; Executive Committee, Commercial and Federal Litigation Section, 1998-2005; Special Committee on Delivery of Legal Services, 1974-77; Committee on State Legislation, 1974-76; Committee on Federal Judiciary, 1989-94.

Association of the Bar of the City of New York: member, Committee on Corrections, 1983-86, 1991-94, 1998-2003, 2004-07, adjunct member, 2007-08, Co-Chair, Subcommittee on Conditions of Confinement 1998-2001; member, Special Committee on Criminal Justice, 1976-79, Chair, Subcommittee on Research and Publications.

New York County Lawyers’ Association (former member): member, Special Committee on Penal and Correctional Reform, 1974-87, Young Lawyers’ Committee, 1971-79; Membership Committee, 1972-73.

Federal Bar Council; Nassau County Bar Association; Theodore Roosevelt Inn of Court; member.

Pro bono counsel for Manhasset-Great Neck Economic Opportunity Council, Inc.

Arbitrator, Plan for Court-Annexed Arbitration, United States District Court for the Eastern District of New York, 1989-.

Member, Civil Pro Bono Panel of volunteer attorneys, United States District Court for the Eastern District of New York, 1986-.

Participating attorney, Volunteer Lawyers for the Arts, 1979-.

Conference Director, New York State Bar Association Equal Justice Under Law Conference, Katonah, New York, October 17, 1974.

Listed in Martindale-Hubbell (“av” rating); Directory of Litigation Attorneys (1991-92 and subsequent eds.); Who’s Who in American Law (1991 and subsequent eds.); New York Super Lawyers (2013 and subsequent).

 

BAR ADMISSIONS:

New York State (1969); United States Supreme Court (1997); United States Courts of Appeals for the Second (1970; renewed 2009), Fourth (1995), and Federal (2004) Circuits; United States District Courts for the Southern (1973), Eastern (1975), and Northern (1992) Districts of New York, and Eastern District of Wisconsin (2001).

 

TEACHING:

Lecturer, “Mortgage Foreclosures and Workouts,” Continuing Legal Education program, New York State Bar Association, Melville, New York, November 13, 2014.

Program Chair and Lecturer, “Basic Lessons on Ethics and Civility 2014,” Continuing Legal Education program, New York State Bar Association, Commercial and Federal Litigation Section, Melville, New York, April 4, 2014.

Program Chair and Lecturer, “Basic Lessons on Ethics and Civility 2014,” Continuing Legal Education program, New York State Bar Association, Commercial and Federal Litigation Section, Melville, New York, April 4, 2014.

Program Chair and Lecturer, “Introductory Lessons on Ethics and Civility 2013,” Continuing Legal Education program, New York State Bar Association, Commercial and Federal Litigation Section, Melville, New York, April 19, 2013.

Lecturer, “Mortgage Foreclosures and Workouts,” Continuing Legal Education program, New York State Bar Association, Melville, New York, December 11, 2012.

Panelist, “Civility Matters,” Continuing Legal Education program, Nassau County Bar Association and Theodore Roosevelt Inn of Court, Mineola, New York, May 15, 2012.

Program Chair and Lecturer, “Basic Lessons in Ethics and Civility in Everyday Lawyering – 2012,” Continuing Legal Education program, New York State Bar Association, Commercial and Federal Litigation Section, Melville, New York, April 27, 2012.

Lecturer, “Dealing With Residential Foreclosures: Workouts and Defenses,” Continuing Legal Education program, New York State Bar Association, Real Property Law Section, Melville, New York, May 9, 2011.

Program Chair and lecturer, “Introductory Lessons on Ethics and Civility for 2011,” Continuing Legal Education program, New York State Bar Association, Commercial and Federal Litigation Section, Melville, New York, April 15, 2011.

Program Chair and lecturer, “Introductory Lessons on Ethics and Civility for 2010,” Continuing Legal Education program, New York State Bar Association, Commercial and Federal Litigation Section, Melville, New York, April 23, 2010.

Program Chair and lecturer, “Introductory Lessons on Ethics and Civility,” Continuing Legal Education program, New York State Bar Association, Commercial and Federal Litigation Section, Melville, New York, April 24, 2009.

Program Chair and lecturer, “Introductory Strategies on Ethics and Civility in Everyday Lawyering,” Continuing Legal Education program, New York State Bar Association, Commercial and Federal Litigation Section, Melville, New York, April 18, 2008.

Program Chair and lecturer, “Introductory Lessons on Ethics and Civility in Everyday Lawyering,” Continuing Legal Education program, New York State Bar Association, Commercial and Federal Litigation Section, Melville, New York, April 27, 2007.

Program Chair and lecturer, “Ethics and Civility in Litigation: Introductory Lessons for 21st Century Litigators,” Continuing Legal Education program, New York State Bar Association, Commercial and Federal Litigation Section, Melville, New York, May 5, 2006.

Participant and presenter, “Opening Up a Closed World: What Constitutes Effective Prison Oversight?” International conference held at the Lyndon B. Johnson School of Public Affairs, University of Texas, Austin, Texas, April 23-26, 2006. Delivered presentation on the role of a non-governmental organization with prison access rights and the role of citizen members.

Program Chair and lecturer, “Maintaining Civility and Ethics in Litigation,” Continuing Legal Education program, New York State Bar Association, Commercial and Federal Litigation Section, Uniondale, New York, April 15, 2005.

Program Chair and lecturer, “An Introduction to Civility and Ethics in Litigation,” Continuing Legal Education program, New York State Bar Association, Commercial and Federal Litigation Section, Melville, New York, April 16, 2004.

Program Chair, “An Introduction to Civility and Ethics in Litigation,” Continuing Legal Education program, New York State Bar Association, Commercial and Federal Litigation Section, Melville, New York, November 22, 2002.

Program Chair, “How to Try a Commercial Case,” Continuing Legal Education program, New York State Bar Association, Commercial and Federal Litigation Section, Uniondale, New York, May 30, 2001.

Adjunct Professor of Law, Touro Law School, 1991-2006. Taught upper-level course in pre-trial litigation.

Adjunct Assistant Professor of Law, Staten Island Community College, City University of New York, 1973-75.

Occasional guest lecturer at New York University School of Law, St. John’s Law School, New York University, Long Island University, Queens College, Brooklyn College, and The New School for Social Research.

 

PUBLICATIONS:

“Civility in Everyday Lawyering 2014,” in course book for “Basic Lessons on Ethics and Civility 2014,” for Continuing Legal Education program on legal ethics and civility of the New York State Bar Association, 2014.

“Introductory Lessons on Ethics and Civility 2013,” in course book for “Introductory Lessons on Ethics and Civility 2013,” for Continuing Legal Education program on legal ethics and civility of the New York State Bar Association, 2013.

“Civility in Lawyering 2012,” in course book for “Basic Lessons in Ethics and Civility in Everyday Lawyering – 2012,” for Continuing Legal Education program on legal ethics and civility of the New York State Bar Association, 2012.

“Civility in Lawyering 2011,” in course book for “Introductory Lessons on Ethics and Civility 2011,” for Continuing Legal Education program on legal ethics and civility of the New York State Bar Association, 2011.

The Role of Civilian Organizations with Prison Access and Citizen Members—The New York Experience, 30 Pace L. Rev. 1562 (2010). Available at: http://digitalcommons.pace.edu/plr/vol30/iss5/13

“Civility in Lawyering 2010,” in course book for “Introductory Lessons on Ethics and Civility for 2010,” for Continuing Legal Education program on legal ethics and civility of the New York State Bar Association, 2010.

“Civility in Everyday Lawyering,” in course book for “Introductory Lessons on Ethics and Civility,” for Continuing Legal Education program on legal ethics and civility of the New York State Bar Association, 2009.

“Lawyers and 21st Century Civility,” in course book for “Introductory Strategies on Ethics and Civility in Everyday Lawyering,” for Continuing Legal Education program of the New York State Bar Association, 2008.

“Independent Oversight of N.Y. Jails,” with Michael B. Mushlin, John Horan, David Lenefsky, Madeline deLone, and Clay Hiles, New York Law Journal, May 17, 2007.

“Litigators and 21st Century Civility,” with Kira L. Polner, in course book for “Introductory Lessons on Ethics and Civility in Everyday Lawyering,” for Continuing Legal Education program of the New York State Bar Association, 2007.

“Litigators and 21st Century Civility,” in course book for “Ethics and Civility in Litigation: Introductory Lessons for 21st Century Litigators,” for Continuing Legal Education program of the New York State Bar Association, 2006.

“Lawyers and Civility,” with James P. Truitt, III, in course book for Maintaining Ethics and Civility in Litigation: What Every Lawyer Should Know, for Continuing Legal Education program of the New York State Bar Association, 2005.

“Lawyers and Civility,” with James P. Truitt, III, in course book for An Introduction to Ethics and Civility in Litigation: What Every Lawyer Should Know, for Continuing Legal Education program of the New York State Bar Association, 2004.

Principal author of report by Association of the Bar of the City of New York, Committee on Corrections, on use of electronic stun technology by New York City Department of Correction (56 Record of the Association of the Bar of the City of New York 535 [Fall 2001]).

A Lawyer at a Price People Can Afford, Summary of Conclusions of Equal Justice Under Law Conference, The New York Bar Foundation, 1975.

Book review of The New Red Barn: A Critical Look at the Modern American Prison, by William G. Nagel, 19 New York Law Forum 433 (1973).

“Prisons and the Courts,” with Mary Doyle Pickman, New York Law Journal, December 28, 1972.

 

SIGNIFICANT CASES:

Matter of Lilly Pad LLC v. The Zoning Board of Appeals of the Village of East Hampton, 120 A.D.3d 686 (2d Dep’t 2014).  Won dismissal of appeal on basis of doctrine of procedural mootness.

ProHealth Care Assoc., LLP v. Prince, 101 A.D.3d 699 (2d Dep’t 2012). Affirmed judgment entered upon verdict after trial (see below), and sustained cross-appeal awarding legal fees. Earlier, won trial verdict.

Reddy v. Ratnam, 95 A.D.3d 982 (2d Dep’t 2012). Affirmed holding that contract obligator not entitled to extension to close transaction, finding that time impliedly was essential.

Indo-Med Commodities, Inc. v. Wisell, 2011 Bankr. LEXIS 3112 (E.D.N.Y. August 16, 2011). Granted summary judgment of non-dischargeability of state court judgment finding that debtor had breached his fiduciary duty to co-venturer.

Park Ave. Radiologists, P.C. v. Melnick, 450 B.R. 461 (S.D.N.Y. May 31, 2011). Granted order dismissing adversary proceeding for lack of subject matter jurisdiction.

Axis Constr. Corp. v. O’Brien Agency, Inc., 81 A.D.3d 863 (2d Dep’t 2011). Reversed Supreme Court order dismissing complaint against insurance broker for breach of duty to client.

Bice v. Robb, 324 Fed. Appx. 79; 2009 U.S. App. LEXIS 8956 (2d Cir. 2009). Reversed District Court order dismissing constructive trust case on statute of limitations grounds.

Shefa Unlimited Inc. v. Amsterdam, 49 A.D.3d 521 (2d Dep’t 2008). Reversed trial court order permitting plaintiff to serve amended complaint, on basis that proposed pleading was time-barred.

Pisacano v. New York Eye Surgery Associates, P.C., U.S.D.C., S.D.N.Y., 2007. Won jury verdict for defendant in case claiming violations of Family Medical Leave Act.

Sivin-Tobin Associates, LLC v. Akin Gump Strauss Hauer & Feld LLP, 2006 N.Y. Misc. LEXIS 3031 (Sup. Ct. N.Y. Co. 2006). Sustained complaint for placement fee by recruiting firm; parties’ course of dealing supported legally sufficient causes of action.

Wisell v. Indo-Med Communities, Inc., 11 Misc. 3d 1089A, 819 N.Y.S.2d 852 (Sup. Ct. Nassau Co. 2006). Won judgment of nearly $3 million compensatory and punitive damages, after bench trial of case involving claims of breach of fiduciary obligation by corporate officer.

Beecher v. Feldstein, 8 A.D. 3d 597, 780 N.Y.S. 2d 153 (2d Dep’t 2004). Affirmed dismissal of claim for tortious interference.

Mathon v. Feldstein, 303 F. Supp. 2d 317 (E.D.N.Y. 2004). Dismissed RICO claim against employer, other employees, and attorneys.

Yew Prospect v. Szulman, 305 A.D. 2d 588, 759 N.Y.S. 2d 357 (2d Dep’t 2003). Reversed summary dismissal and required trial of ownership status of real property.

Long Island Gynecological Services v. Murphy, 298 A.D. 2d 504, 748 N.Y.S. 2d 776 (2d Dep’t 2002). Affirmed grant of permanent injunction restraining unauthorized trespassers from entering premises of women’s reproductive health clinic.

Henry Schein, Inc. v. Broad Hollow Realty Co., 293 A.D. 2d 573, 740 N.Y.S. 2d 228 (2d Dep’t 2002). Affirmed grant of summary judgment, denying landlord’s claim to reform lease in absence of proof of certainty of error.

Posner v. Posner, 280 A.D. 2d 318, 720 N.Y.S. 2d 465 (1st Dep’t 2001). Reversed denial of summary judgment and ordered dismissal of claim in partnership dispute.

Mollin v. Lerner, 258 A.D.2d 444, 684 N.Y.S.2d 606 (2d Dep’t 1999). Reversed judgment conveying title to real property and remanded for trial on issue of constructive trust, based on trial court’s evidentiary errors.

Swift v. Choe, 242 A.D.2d 188, 674 N.Y.S.2d 17 (1st Dep’t 1998). Sustained claim against attorneys who represented both sides of real estate transaction, reversing summary judgment dismissing complaint.

Enquire Printing & Publishing Co. v. Vantage Graphics, Inc., 245 A.D.2d 259, 666 N.Y.S.2d 9 (2d Dep’t 1997). Affirmed summary judgment dismissing claim against Goldman, Sachs & Co.

Shaffer v. RWP Group, Inc., 169 F.R.D. 19 (E.D.N.Y. 1996). Sanctioned defendants for destruction of documents in action against major insurance broker alleging RICO conspiracy and related violations.

The Paddington Corporation v. Attiki Importers & Distributors, Inc., 996 F.2d 577 (2d Cir. 1993). Held trade dress of ouzo liqueur confusing, reversing District Court’s grant of trial order of dismissal; first application of Supreme Court’s Two Pesos decision in Second Circuit.

Silverman v. Trustees of Maryland Deposit Insurance Fund Corporation, 317 Md. 306, 563 A.2d 402 (1989). In claim by pension and welfare fund trustees to recover purportedly uninsured bank deposits, reversed dismissal of claim on sovereign immunity grounds and permitted case to proceed.

Nicoleau v. Brookhaven Hospital, 181 A.D.2d 815, 581 N.Y.S.2d 382 (2d Dep’t 1992). Reversed denial of motion for summary judgment and directing dismissal of complaint claiming civil rights violation by law firm that served hospital client by obtaining court order to transfuse dying Jehovah’s Witness.

Sussex Leasing Corp. v. U.S. West Financial Corp., 877 F.2d 280 (2d Cir. 1989). Reversed dismissal of complaint and sustained plaintiff’s lender liability theory.

Michele Amoruso e Figli v. Fisheries Development Corp., 499 F. Supp. 1074 (S.D.N.Y. 1980). Sustained arbitrability of claims asserted by American corporation against Italian entity.

Thaler v. Thaler, 58 A.D.2d 890, 396 N.Y.S.2d 815 (2d Dep’t 1977). Reversed trial court’s direction, before legislative authorization or binding appellate authority, for wife to pay alimony to husband.

Prince v. Gurvitz, Supreme Court, Nassau County, 1976. Won dismissal at the conclusion of proof; jury verdict against other defendants, including punitive damages, in excess of $1 million. Dismissal affirmed on appeal, 57 A.D.2d 860, 394 N.Y.S.2d 258 (2d Dep’t 1977).