Morrell I. Berkowitz

These matters include partnership disputes; transaction disputes; disputes between cooperative and condominium boards and shareholders and owners; disputes between boards and sponsors and professionals and contractors; and commercial and residential disputes concerning conditions, terms of lease, and the like.

He has served as a volunteer Special Master in Supreme Court, New York County mediating real estate disputes in pending actions since May 1997, and as a volunteer Judge at New York University Law School’s moot court program since 1981.

Reported Cases

• Sherrill v Grayco Builders Inc., 64 N.Y. 2d 261 (1985) Established principle that right to arbitration can be waived by extensive litigation activity.
• Pilat v. Sachs, 42 N.Y. 2d 984 (1977) [defeating a challenge to petitions designating a candidate for Mayor of NYC]. 
• Thompson v Wallace, 45 N.Y. 2d 803, 408 N.Y.S. 2d 6 (1978) [defeated challenge to designating petitions for candidate for State senator]. 
• Mittman v. Netherland Gardens Corp. 55 A.D. 3d 513, 865 N.Y.S.2d 553 (1^st Dept. 2008) [successfully defended classification of unsold shares for purchaser in a cooperative corporation]. 
• 74 Eldert LLC. v. Sharp Realty LLC. 129 A.D. 3d 821, 9 N.Y.S. 3d 884 (2^nd Dept. 2015) [defeating a challenge to so ordered settlement agreement].
• Board of Directors Windsor Owners Corp. v. Platt, 148. A.D. 3d 645, 49 N.Y.S. 3d 293 (1^st Dept. 2017) [Affirmed finding of contempt against a cooperative Board member who violated an injunction against disclosing privileged communications].

Activities

• Judge Yale Invitational Mock Trial Tournament, 2017-present
• Judge N.Y. U. Moot Court Competition, 1981-present
• Judge Empire New York 2019 Mock Trial Competition