Mark D. Wellman

For over 13 years, Mark has defended general contractors and property owners in New York City on a wide range of statutory liability claims brought pursuant to the New York Labor Law and the New York Industrial Code. He has also represented numerous subcontractors in high-exposure construction-related premises liability cases.

In addition, Mark has extensive experience defending manufactures and distributors covering a variety of consumer and industrial products. Mark has defended an aviation parts and engine manufacturer in a product liability action in New York. He has also defended a furniture distributor and a major manufacturer of semi-conductors in a toxic tort matter involving numerous claimants formerly employed at a New York manufacturing facility.

Mark also represents major automobile financing companies in disputes related to ownership, transfer, warranty reimbursement, incentives, as well as franchise concerns. His experience includes counseling automobile financing companies many types of matters, including dealer related concerns, retail installment contracts, lease agreements, branding concerns, and the development and enforcement of finance performance standards. These matters also include alleged violations of The Federal Fair Debt Collection Practices Act and New York Fair Debt Collection Statutes. Furthermore, Mark has represented auto financing companies in bankruptcy proceedings regarding creditor complaints and collection matters.

For almost 10 years, Mark has represented internationally recognized security contractors involved with providing security services at major sporting venues and large commercial centers in New York City and the surrounding suburbs. Mark has also counseled security companies on a variety of matters including the drafting and modifying of security service agreements and security protocol.

Mark has also represented major movie production companies and news organizations in a large number of premises liability and motor vehicle accident cases, as well as contractual disputes between production companies and subcontractors.

Year joined

2014

Results

Summary judgment in New York Labor Law case

New York Construction and Labor Law
December 30, 2019

We represented a plumbing subcontractor in a case venued in Supreme Court, Bronx County. The plaintiff alleged he sustained serious neck and back injuries as a result of falling pipes.

Court Dismisses Plaintiff’s Labor Law Section 200 Claim and Numerous 241(6) Industrial Code Violations.

New York Construction and Labor Law
December 31, 2018

We were granted partial summary judgment in a Labor Law case venued in the New York Supreme Court, Bronx County. The plaintiff was installing new floors in a large residential building in Manhattan that was owned by our client. The project involved a large-scale renovation of a penthouse and several lower levels. During the renovation, the plaintiff fell through an opening in the floor and sustained injuries to his knee and back. The plaintiff moved for summary judgment under New York Labor Law Section 240(1). We cross-moved for summary judgment, seeking a dismissal of all claims.

Finance Company Dismissed from Complex, Multi-Million Dollar Lawsuit

Commercial Litigation
February 16, 2015

Secured a discontinuance for a multi-national auto financing company in a Chancery Division action in New Jersey arising out of claims by a potential franchisee against a dealership, the vehicle manufacturer, the financing company and a potential third-party buyer. The plaintiff's claims sought over $30 million in damages stemming from alleged violations of the New Jersey Franchise Act, breach of contract claims, tortuous interference allegations and a companion declaratory judgment action.

Thought Leadership

Classes/Seminars Taught

Risk Transfer, Contractual Indemnification In Labor Law Section 240(1) Cases, Gallagher Bassett Services, Irvine, CA, July 2013