THOMAS WEISS ATTORNEY

3967b22 92884 300x300 - Thomas Weiss Esq BioTom Weiss has been practicing law for over 19 years. He started as in-house counsel for a mid-size property management company located in New York, NY where he was responsible for all legal matters concerning the company’s commercial and residential portfolio. This included negotiating and drafting residential and commercial leases and other contracts. It also involved handling and resolving disputes inside and outside of court, and handling all compliance issues, such as ensuring proper multiple dwelling and rent stabilization statuses of buildings.

He worked for several litigation boutiques where he handled complex commercial matters in all phases of litigation, from motion practice to trial practice. He also became quite adept at handling uncontested and contested divorce and family matters.

Since Tom opened his firm in 2002, he has enjoyed continued success as a passionate litigator. He has successfully tried cases in the State and Federal Courts.

AUTHOR AND AWARDS

THOMAS WEISS HAS AUTHORED AND CO-AUTHORED SEVERAL SCHOLARLY ARTICLES INCLUDING:

  • “Standing Issues Relevant to Defense of a Foreclosure Matter,” New York Law Journal, August 31, 2012.
  • “The Negative Impact of the Home Equity Theft Prevention Act on Legitimate Lenders and Investors,” New York Law Journal, Nov. 13, 2006.
  • “Child Custody and Home State Jurisdiction,” The Nassau Lawyer, Vol. 56, No. 1, Sept. 2006.

He has received the Martindale-Hubbell Client Distinction Award in 2014, 2015 and 2016. Martindale-Hubbell is the premier lawyer rating service in the country. Martindale-Hubbell gives the Martindale-Hubbell Client Distinction Award to those lawyers whose clients give the lawyer a 4.5 average rating (out of 5.0) in the following areas: (1) Communications Ability; (2) Responsiveness; (3) Quality of Service; and (4) Value for Money. Less than one percent (1%) of the more than 900,000 attorneys listed by Martindale-Hubbell on its martindale.com and lawyers.com websites receive the Martindale-Hubbell Client Distinction Award.

REPRESENTATIVE CASES AND DECISIONS

  • SEB I, v. Cow Bay Contracting, AAA Arbitration 2016 (represented commercial property owner)
  • Shasho v. Kleiner, 130 A.D.3d 973, 30 N.Y.S.3d 650 (Supreme Court erred in awarding summary judgment to the plaintiff for the imposition of a constructive trust (2nd Dept. 2016)
  • Shasho Kleiner, 138 A.D.3d 973, 974, 30 N.Y.S.3d 650, 652 (N.Y. App. Div. 2016)
  • Gomez v. J.R. Hycee Conyeor Co., Inc. , $450,000 settlement in product liability case as a result of finger injury based on improper guarding of conveyor belt (E.D.N.Y. 2008)
  • Gomez v. J.R. Hycee Conyeor Co., Inc. United States District Court, E.D. New York. January 04, 2008 Not Reported in F.Supp.2d 2008 WL 64675 CV 06-2827 NGG/ARL (District Court Judge refuses to quash the subpoena duces tecum of defendant J.R. Hycee Conveyor Co., Inc and UPS which called for UPS to produce various schematics and blueprints relating to the conveyor that caused Plaintiff’s injuries).
  • Thomas v. Thomas, 70 A.D.3d 588 (1st Dept. 2010)
  • Cazares v. Aguilar, (action dismissed after hearing payment of the mortgage does not constitute an agreement to pay rent unless the parties specifically agree otherwise) (Nassau District Ct . 2012).
  • Clarke v. Rodriguez, 16 N.Y.3d 815 945 N.E.2d 1027 (Court of Appeals 2011)
  • New Town Used Auto Sales & Auto Parts, v. Ogden Bros Collision, Inc., (discharge of garageman’s lien) (Nassau County 2010)
  • Driefus v. Heimeshe Bakery Corp., 49 A.D.3d 591 852 N.Y.S.2d 792 (2nd Dept. 2008) (Action dismissed against individual tenant who did not attempt to defraud the landlord and who did not usurp corporate liability for individual liability)
  • Marcus & Millichap Real Estate Investment Brokerage Co. v. Ko, (N.Y. County 2008)
  • Morel v. Sainval, 21 Misc. 3d 1143(A), 880 N.Y.S.2d 225 (Nassau Dist. Ct. 2008)
  • Turbo Carpentry Corp. v. Brancadoro , (judgment awarded after trial in favor of homeowners dismissing plaintiff’s claim to foreclose a mechanic’s lien and awarding defendant the sum of $67,107.29, the full amount of the mechanic’s lien for plaintiff’s willfull esaggeration and full attorneys fees. (Queens County Supreme Court 2006)
  • Ren Hoek Realty, Inc. v. Fabricon Design Group, Inc., 274 A.D.2d 384 711 N.Y.S.2d 756 ., (2nd Dept. 2000) (of counsel to Kirschenbaum & Kirschenbaum, P.C.)
  • Marcus & Millichap Real Estate Investment Brokerage Company Of New York, Plaintiff, v. Up Com Realty Fund, Llc, (N.Y. County 2005)

EDUCATION

J.D., Brooklyn Law School, 1997

  • Who’s Who: America’s Law Students
  • B.A. in Political Science and Sociology, Queens College, City University of New York, 1994
  • Minor in Urban Studies Top 10% of class · Honors in Sociology · Golden Key Honor Society · Phi Eta Sigma Honor Society · Dean’s List.

HONORS

In 2016, 2015, 2014, Thomas Weiss & Associates was awarded the Martindale-Hubbell® honor of distinction. Less than 4% of the 900,000+ attorneys listed on martindale.com and lawyers.com have received this award.

This honor has been made possible by our clients who have taken the time to provide customer feedback in the following areas:

  • Communications Ability
  • Responsiveness
  • Quality of Service
  • Value for Money

The results have been compiled by America’s Registry and BLG has an average Rating Score of 4.5 or higher on a scale of 1-5. We are proud to be honored with this distinction.

  • 2006 National Leadership Award bestowed by the National Republican Congressional Committee’s Business Advisory Council
  • 2003 Businessman of the Year awarded by the National Republican Congressional Committee’s Business Advisory Council

MEMBERSHIPS

  • Active Member of Nassau County Bar Association
  • Real Property Law Committee
  • Matrimonial Committee
  • BNI Accountable Pros (Past President)
  • BNI AAA Spectrum (Former Member and Past President and Vice President)
  • Long Island Real Estate Investment Association (Past Member)

SPEAKING ENGAGEMENTS

  • Mechanic’s Liens – A Brief Overview – Nassau County Bar Association, March 15, 2017
  • When You Need a Lawyer: How to Choose and Work With One,The OGA Senior Circle, Freeport, New York, 2007

PUBLICATIONS

  • “Standing Issues Relevant to Defense of a Foreclosure Matter,New York Law Journal, August 31,
  • Petition Brought by Vehicle Owner Against Vehicle Repair Business Seeking Cancellation of Lien Pursuant to Lien Law201-a, Bender’s Forms of Pleading of the State of New York, Volume 26, 2011, Form 534:9,
  • “The Negative Impact of the Home Equity Theft Prevention Act on Legitimate Lenders and Investors,New York Law Journal, 13, 2006.
  • “Child Custody and Home State Jurisdiction,” The Nassau Lawyer, 56, No. 1, Sept. 2006.