Suleman Malik

Suleman Malik has years of experience representing clients ranging from small to large businesses with respect to substantive litigation as well as transactional matters. His area of expertise involves handling contractual and quasi-contractual disputes, business torts, unfair trade practices, class action litigation, anti-trust litigation, consumer fraud, defective design and construction, surety bond claims, mechanic’s liens, diversion of trust funds, municipal code violations, and many other statutory and common-law claims.

Suleman also has a well-versed understanding of construction-related agreements, service agreements, power purchase agreements, commercial real estate leases, insurance policies, and general contract principles. He has extensive familiarity in dealing with complicated and nuanced bonding, lien-law, and insurance related issues.

Throughout his career, Suleman has secured countless victories and beneficial results for his clients through either dispositive motion practice at the trial and appellate level, mediation, arbitration, or at a trial/hearing in a courtroom or before a municipal regulatory or legislative body. Overall, his diverse legal and personal background gives him a unique advantage in counseling his clients vigorously, diligently, and efficiently.

Suleman is routinely selected as a Super Lawyers Metro Rising Star and frequently lectures offering his perspective on a number of legal topics.

Admissions

• New York
• New Jersey

*Not admitted to practice in Connecticut

Memberships

• American Bar Association
• Muslim Bar Association of New York, Former Social Media Chair & Webmaster
• National Association of Muslim Lawyers, Former Board Member 
• New York State Bar Association
• Young Real Estate Professionals of New York

Community Involvement

• Emory University Alumni Interview Program, Global Co-Chair
• Emory University Alumni Association, NYC Chapter
• NYSBA COVID-19 Pro Bono Network, Volunteer 
  • Assist New York Business Owners in Managing Force Majeure-Related Contract Disputes
• ABA Free Legal Answers, Volunteer Attorney, New York
• Oxford College Alumni Board Member

Commercial & Business Litigation

• Representation of major contractor in a multi-million dollar trial involving complicated lien-law issues in New Jersey Superior Court.
• Successfully awarded summary judgment on liability in a multi-million dollar case of first impression involving the interpretation of a revised 2011 section of New Jersey’s Construction Lien Law. 
• Successfully awarded dismissal and summary judgment on liability for construction client as to the plaintiff’s counts for violations under the New Jersey Consumer Fraud Act and breach of warranty of particular purpose.
• Successfully awarded dismissal of suit against large HVAC contractor for unjust enrichment and breach of contract.
• Successfully awarded default money judgment with statutory interest, attorney’s fees, and costs and disbursements for a major construction client.
• Representation of construction manager in a $1.5 million dollar business tort action against a property owner’s leasehold interest in one of the nation’s largest retail malls in the United States.
• Representation of a large construction client in a multi-million dollar litigation involving claims arising under New Jersey’s Anti-Trust Act and tortious interference with prospective economic gain, as well as unjust enrichment.
• Representation of owner and agent of a high-rise assisting living and memory care facility against a contractor in a civil suit where the plaintiff is claiming in excess of $11 million in property damages and strict liability for violating the NYC Building Code.
• Representation of contractor in a multi-million dollar suit involving claims such as breach of contract, unjust enrichment, wrongful termination, breach of implied covenant of good faith and fair dealing, and negligent misrepresentation against the property owner, the project architect, and design professional.
• Successfully obtained a discharge in excess of $1 million in mechanic’s liens filed against a client’s ownership interest in a property.
• Representation of a major developer in a civil suit against an electrical contractor and its surety in an attempt to collect on a bond discharging a mechanic’s lien.
• Representation of a major retailer of contracting supplies and machinery in a breach of contract suit against the owner and multiple other parties.
• Representation of HVAC contractor in a lien foreclosure action against premises owner.
• Successfully obtained a favorable settlement for a full-service manufacturer and distributor of water and thermal energy solutions in a breach of contract action in New Jersey.
• Successfully awarded dismissal of litigious claims against major home solar panel provider in multiple matters. Argued that claimants be compelled to submit claims to final and binding arbitration as per conscionable and binding arbitration agreement.
• Successfully tendered claims for contribution and indemnification as per contractual agreements in numerous litigations. Argued for the same under common law as well.
• Representation of numerous construction clients in the filing and discharging of mechanic’s liens concerning verified statements of trust funds (for private properties and public projects; and condominiums).
• Representation of construction client in the defense of petition filed holding said client in contempt of court for allegedly colluding with others to violate a court order and the underlying construction agreement.

Class Action Litigation

• Successfully obtained voluntary discontinuance via a motion of client’s claims for a diversion of trust funds where the client was being forced to remain in case and incur costs as the lead plaintiff or class representative in a class action suit. Discontinuance awarded after oral arguments where it was submitted that no class certification had occurred and that the plaintiff’s discontinuance of the claim did not prejudice the other trust fund beneficiaries to raise a claim in a related matter.
• Representation of worldwide manufacturer and developer of elevators and related equipment in a complex class action matter involving multiple parties and defendants, involving claims such as foreclosure of mechanic’s lien, breach of contract, quantum meruit, unjust enrichment, account stated, violation of New York’s Prompt Payment Act, violation of Article 3-A of the New York Lien Law (liability for diversion of trust assets from statutory trust fund beneficiaries), and breach of guarantee.

Dispute Resolution & Municipal Hearings

• Obtained favorable dismissal for a corporate retail client following multi-day hearings and evidentiary submissions at an arbitration in New Jersey. Arbitrator entered award in the client’s favor on all counts rejecting the claimant’s claims for damages.
• Representation of contractor (tile installer) in a multi-day arbitration involving construction defect and breach of contract claims. Obtained favorable settlement for the client.
• Representation of a large real estate development and construction management firm in an eight-figure suit involving a crane collapse before a city tribunal. Successfully obtained a reversal on appeal of liability decision rendered by the New York City Office of Administrative Trials and Hearings ("OATH") to sustain DOB summonses issued to construction client. Also secured a refund of all associated penalties issued and paid by the client.
• Representation of corporate client before Home Improvement Licensing Board of the Consumer Protection/Weights & Measurers Committee of the County Legislature with respect to license renewals, discussing client’s business practices in connection with pending consumer complaints, and other violations.

Appellate Litigation

• Representation of construction clients with respect to substantive business tort and lien foreclosure claims. Appeals pending in New York State Appellate Division.

General Defense Litigation

• Defended electrical contractor in a multi-million dollar labor lawsuit involving a plaintiff who suffered fatal burns in an electrical vault, as well as multiple third-party defendants claiming common law/contractual indemnification and/or contribution. Represented the client at mediation and assisted in negotiating a $20 million pre-trial settlement with a much higher demand.
• Awarded summary judgment in a multi-million dollar action where the plaintiff alleged that he sustained serious injuries during a sideswipe collision, which the plaintiff claimed had occurred as a result of the construction client’s negligent placement of construction jersey barriers narrowing the pathways for vehicles to traverse upon. 
• Defended large real estate development and construction management firm in a tragic eight-figure demand litigation involving a heavily publicized crane collapse in New York City.
• Representation of construction client in New York Criminal Courts with respect to discovery subpoenas issued to the same in a criminal RICO violation suit. Successfully quashed the subpoena.
• Representation of major fleet company and its employees/motorists in New York State Criminal and Traffic Courts for summonses and citations issued against either the fleet or its employees. Successfully obtained dismissals of unwarranted citations and entered into favorable plea bargains with the People of the State of New York.

Corporate Transactions

• Representation of general contractor in the drafting and negotiation of a multi-million dollar Standard Form of Agreement Between Owner and Contractor (AIA A101) and General Conditions of the Contract for Construction (AIA A201). Provided advice and counsel on various issues of contract interpretation and scope of duties.
• Representation of general contractor in the drafting and negotiation of Master General Contractor Agreement for multiple stipulated-sum construction projects.
• Representation of a design professional in relation to the construction of a performing arts center to be constructed at the World Trade Center as follows:
  • Provided legal counsel on issues involving the interpretation of the underlying Construction Agreement and the Construction Administration Budget for the project. Projected recovery and remedies available as per the agreement for the client versus the cost to litigate;
  • Represented construction client in the analysis and drafting of a Budget Extension Request for the project. Analyzed authorized budget versus actual to date for extended design coordination. Analyzed the minimum budget needed to complete construction and net request.
• Representation of major construction design professional with respect to New York City Home Improvement requirements for a contract. Also provided counsel in the drafting and negotiation of said agreement.
• Representation of a world leader, providing innovative formwork, solutions, and services in construction in the analysis of Services Agreement for the construction of a hotel. Provided legal advice and counsel to the client as to issues involving the Construction Agreement for equipment rental, Receivables Aging List Reports, and complex calculation of interest and invoices.
• Representation of owner with respect to multi-million dollar construction of a retirement community in the interpretation and analysis of contractual requirements for the owner to complete prior to asserting a claim against an architect (AIA B102). Analyzed specific contractual issues as laid out below and drafted formal notice under the AIA B102 Standard Form of Agreement with respect to contractual and quasi-contractual claims arising out of or related to the agreement:
  • Owner’s responsibilities and requirement to provide prompt written notice to the architect if the owner becomes aware of any default or defect in the project;
  • Waiver clause;
  • Certificate of Merit;
  • Mediation as condition precedent to binding dispute resolution;
  • Governance and choice of law clauses; and
  • Other special terms and conditions, such as indemnification clauses.
• Representation of a service manufacturers’ representative and distributor of water and thermal energy solutions in the drafting of a pre-litigation demand for monies owed as per the underlying construction agreement. Counseled client as to issues surrounding contract interpretation, fulfillment of scope of duties, and damages afforded under the agreement.
• Representation of owner in the new construction of a senior living community in New York City. Analyzed the underlying agreements and draft formal notice under the AIA A312 Performance Bond declaring a contractor default.
• Advised and counseled construction business seeking a M/WMBE (Minority and Women-Owned Business Enterprise Certification) as to the corporate operations and governance eligibility requirements under New York State.
• Representation of various construction clients with regard to audits received requiring the client to furnish certain information in connection with an examination of the financial statements of the company.

Publications

• Taking and Defending Depositions: Strategies & Techniques, City Bar Center for Continuing legal Education, 20220615P NYCBAR, (June 15, 2022)
• The Muslim-American Republican Experience, The Record, Opinions, New York Young Republican Club, Issue II, (June 2021)
• A Call for Unity: A Muslim American Perspective on Current Events, Cardozo Life (January 2016)
• Where Do We Fight?: A Way to Resolve the Conflict Between a Forum Selection Clause and FINRA Arbitration Rule 12200, 17 Cardozo J. Conflict Resol. 215, (Fall 2015)

Presentations

• Faculty Instructor, New York Litigation Practice, Lawline CLE, (April 2024)
• Faculty Instructor, Contract Drafting, NYC Bar Association CLE (Fall 2023)
• Faculty Instructor, Corporate & Expert Depositions, NYC Bar Association CLE (July 2023)
• Faculty Instructor, Taking & Defending Depositions, NYC Bar Association CLE (June 2022)
• Guest Lecturer, Islam in America, Emory University (April 2022)
• Panelist Judge, Cardozo’s Intraschool Negotiation Competition (February 2022)
• Notable Alumni – Commercial Litigation, Cardozo Law Practice Area Spotlight (March 2021)

Televised Appearances

• Muslim-American panelist discussing and offering insight on politics, civil rights, and national security issues and concerns, CBS This Morning, CBS News, and Face the Nation, December 18, 2015

Education

J.D., Benjamin N. Cardozo School of Law, Yeshiva University, 2016

• Cardozo Journal of Conflict Resolution, Executive Editor
• ADR Competition Team
• SBA Senator

B.A., Emory University, 2011

• Student Government President
• 100 Senior Honorary
• Emory Alumni Association

Honors

Super Lawyers® Rising Stars distinction in Business Litigation, Construction Litigation, and Business & Corporate (2022-2023)

*No aspect of this advertisement has been approved by the Supreme Court of New Jersey. The Super Lawyers® list is issued by Thomson Reuters. A description of the selection methodologies can be found at:
http://www.superlawyers.com/
about/selection_process.html/