Mark D. Wellman, Business Attorney in New York

For almost 25 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.

Published Works

•Danger: Construction Site. Avoiding Liability & Workers' Compensation Exposure in the Construction Industry, CLM Construction Claims Magazine, Summer 2025

Classes/Seminars Taught

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

Results

All Claims Dismissed in a Slip and Fall Case at a New York Hospital

We obtained dismissal of all claims against our client in a case involving a slip and fall at a hospital. The plaintiff was employed by a trucking company and was in the process of filling a liquid oxygen tank located in the parking lot of the hospital when he fell on a sheet of ice near the oxygen station evaporators. He sustained numerous injuries, including injuries to his spine, resulting in cervical fusion. As a result of the accident, the plaintiff alleged significant lost wages, in addition to numerous personal injuries. Our client designed, installed and maintained the oxygen station pursuant to a lease agreement with the hospital. We submitted evidence that our client properly inspected and maintained the oxygen station and that the ice was not caused by the operation of the oxygen station. After years of litigation and numerous depositions, our client moved for summary judgment, seeking a dismissal of the plaintiff’s claims and for an order of indemnification against the hospital based on the lease agreement. The court granted our motion in its entirety and dismissed all claims.

Affirmance Achieved in Dismissal of All Claims in New York Labor Law Matter

We successfully achieved affirmance of the trial court’s decision to dismiss all claims against a property owner and designer in a New York labor law matter. The plaintiff was injured when he fell from a ladder stacked atop a bakers scaffold while performing renovation work on a four-story brownstone. The 16-foot ladder and the scaffold were provided by his employer-the general contractor-and set up at his employer’s discretion. The plaintiff filed an action against the owner of the property and the designer, alleging violations of various labor law claims, including labor law Sections 240(1), 241(6) and 200. The defendants’ motion for summary judgment, seeking a dismissal of all claims, was filed after the plaintiff’s depositions but before any of the defendants were deposed and with extensive discovery outstanding. The plaintiff opposed the motion and cross moved to compel further discovery. The Supreme Court granted the defendants’ motion for summary judgment, dismissing all claims as the property owners qualified for the owner and two-family dwelling exception to the labor law. The trial court held that the defendants did not direct, supervise or control any of the plaintiff’s activities. Therefore, according to the affidavit, the single-family home exception did not apply. After oral argument, the Appellate Division affirmed the trial court’s decision with costs.

Thought Leadership

Danger: Construction Site - Avoiding Liability and Workers' Compensation Exposure in the Construction Industry

June 20, 2025

Construction sites are listed among the most dangerous places to work. With millions of accidents reported each year, injuries are often serious - and sometimes catastrophic. Such injuries often give rise to liability claims and workers' compensation claims. These claims can be challenging to defend, and tend to involve sophisticated issues with multiple parties and complex relationships. The avoidance of such claims requires proactive risk management strategies.