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Mark K. Anesh

Partner

Mark Anesh is a partner in the New York office of Lewis Brisbois. He is chair of the Legal Malpractice Defense Practice, and is part of the national CLM Management and Professional Liability Advisory Board. Mr. Anesh's legal practice focuses on professional liability defense, primarily on lawyers, accountants, real estate professionals, insurance agents and brokers, and other miscellaneous professionals. He also concentrates on D&O liability for nonprofits, as well as estates and trust litigation, with work in Surrogate’s Court. While his concentration is in litigation, he also represents insurers in coverage disputes and in declaratory judgment actions.

Mr. Anesh handles all aspects of risk management for lawyers, such as audits, seminars, newsletters, 1-800 hotlines, webinars, and approved continuing legal education programs. He is responsible for coordinating national professional liability hotlines for a variety of clients involving various professional liability areas of practice, including lawyers, accountants, and real estate professionals. The pre-claim hotlines result in actions taken which operate to avoid or eliminate claims from being made, and/or reduce the client's exposure.

With respect to accounting malpractice, Mr. Anesh has represented bookkeepers, tax preparers, accountants, and tax attorneys for over 20 years. He has worked on cases involving audits, business valuations, tax returns, and compilations.  He has also handled various hotlines for accountants regarding a wide array of inquiries, from engagement letters to penalties for late filing. Mr. Anesh is familiar with GAAP, IFRS, GAAS and PCOAB standards and guidelines. On the audit side, he has worked with clients on various claims to determine whether financial statements are free of “material misstatements,” whether or not the misstatement resulted from error or fraud.

Mr. Anesh has written a number of professional liability insurance policies and obtained approvals from various state insurance departments. He is a frequent lecturer on risk management for attorneys for the New York State and American Bar Associations. Additionally, he was an adjunct professor of law at Touro Law Center and was an assistant adjunct professor of law at the Hofstra University School of Law.

Recent Dismissals and Defense Verdicts in Professional Liability Cases

  • Jane Doe v. Tacopina, Seigel & Turano, P.C., et al.
  • Real Savy Media v. McCormick & Brien, LLP
  • Law Offices of Bart J. Eagle PLLC v. Gilbert Spector and Myra Spector
  • Katz v. Beil et al.
  • Sierra Holdings, LLC and ICC Mortgage Services v. Phillips, Weiner, Quinn, Artura & Cox and Richard F. Artura, Esq
  • Leodegario Salvador v. Isidro Garbanzos
  • Kostas Verdelis v. Michael L. Landsman and Holm & O’Hara LLP
  • Cobble Creek Consulting, Inc., et al. v. Sichenzia Ross Friedman Ference LLP
  • Mendel Brach, Moshe Roth, 519 Marcy LLC a/k/a 519 Marcy Avenue LLC v. Michael J. Levine, D’agostina, Levine, Landesman & Lederman, LLP
  • Lia Joseph v. Denis M. Joseph, Automotive Realty Partners, LLC, Arthur Russell and John Does 1 through 3
  • Jonathan S. Landow v. Snow Becker Krauss P.C., Richard Reichler Esq., Meltzer, Lippe, Goldstein, and Breitstone LLP
  • 587 Development Incorporated v. Movtady, Nessenoff & Miltenberg LLP, Robert D. Werth, 16 Avenue Z LLC, October Sky LLC and Aries Capital Corp.
  • Comprehensive Mental Assessment v. Gusrae Kaplan Nusbaum, PLLC
  • Fidelity National Title, et al. v. Lite & Russell, and Justin Lite, Esq.
  • Estate of Elizabeth J. Stroud and Theodore Wayne Heggie v. John S. James, Esq., Anthony Ellis and Geovanny Fernandez, Esq.
  • Anderson v. Beranbaum
  • Elwin Francis v. Mirman, Markovits & Landau, P.C., Michele S. Mirman, Esq., Thomas P. Markovits, Esq. and Ronald J. Landau, Esq.
  • Breiter and Gura, LLP v. Robert Weiner
  • Gorton v. Marmon
  • Debra Betz, as Administratrix of the Estate of Carmelo Carbone, aka Mel Carbone v. Arnold W. Blatt, Anthony J. Pieragostini, George A. Sirignano, Jr., and Enea, Scanlan & Sirignano, LLP
  • Wu v. Troy
  • Darryl Abramowitz, 23kt Gold Collectibles, Ltd. and Merrick Mint Ltd. v. Lefkowicz & Gottfried, LLP, Mark I. Lefkowicz, Individually, and Eric J. Gottfried, Individually
  • Steven Stewart, a/k/a/ Steven Mcintosh v. David M. Berger, Esq., and Tenenbaum & Berger, LLP, Tenenbaum, Dunbar & Berger, L.L.P., Home Abstract Corp., and First American Title Insurance of New York
  • 7296 – 7304 Reality Corp and Nicholas Antonelli v.  Decker, Decker, Dito, & Internicola, LLP
  • LZG Realty LLC and Tissa Funding Corp. v. H.D.W. 2005 Forest LLC, Eli Weinstein, Benjamin Hager, Esq., Mallow, Konstam & Hager, P.C., and John Doe #1-5 v. H.D.W. 2005 Forest LLC v. Benjamin Hager, Esq., Mallow, Konstam & Hager, P.C., Bonanno Realty, LLC and Congregation Imrei Yehudah v. Bonanno Realty LLC and Congregation Imeri Yehudah v. H.D.W. 2005 Forest, LLC, Eli Weinstein, New York State Commission of Taxation and Finance, New York City Department of Finance, LZG Realty LLC, Tissa Funding Corp., and John Doe #1-10
  • Romanoff v. Romanoff

Appellate Practice

  • Klein v. Reiff, et al.
  • Samuel Cosentino v. Sullivan Papain Block Mcgrath & Cannavo P.C.
  • Cobble Creek Consulting Inc., et al. v. Sichenzia, Russ, Friedman, Ferrence, LLP

Professional Presentations

  • “Statute of Limitations in Legal Malpractice Actions - A Slow Mood Swing”
  • “Lawyers as Team Players”

Admissions

  • State Bar Admissions
    • New York
  • United States District Courts
    • United States District Court for the Eastern District of New York
    • United States District Court for the Southern District of New York
    • United States District Court for the Western District of New York
  • United States Courts of Appeals
    • United States Court of Appeals for the Second Circuit

Admissions

New York State Bar

United States District Court for the Southern, Eastern and Western Districts of New York

United States Court of Appeals for the 2nd Circuit

Associations

CLM Professional Liability Advisory Board

Education

Rutgers University School of Law - Camden

Juris Doctor, 1978

Brooklyn College of the City of New York

Bachelor of Arts, 1975

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