EXPERIENCE:
BARRETT KORNITSKY LLP, Peabody, MA (3/1/2012-present)
Founding Partner, along with colleague Brian Barrett, in practice utilizing our strengths and experience in litigation, transactions and negotiation. Continued to litigate cases in State and Federal Courts.
ANTICO, BARRETT, BURKE & KORNITSKY LLP, Peabody, MA (1999-2012) Managing Partner of firm’s litigation practice. Representation of clients in State and Federal courts. Represented individuals, closely held corporations, insurance companies, banks and condominium associations in disputes involving contracts, partnerships, employment, leases, land use, professional licensing, fiduciary matters, collection matters, construction claims, wrongful death and defense of suit. Represented severely injured parties in personal injury litigation. Provided counsel to new business entities and existing businesses concerning start-up, contractual issues, non-compete agreements, acquisitions, permitting, insurance coverage issues, financing, partnership disputes and buy-sell agreements.
Selected as a Massachusetts Super Lawyer™ by Boston Magazine in 2006, 2010 and 2011 and as Massachusetts Super Lawyer-Rising Star™ in 2005.
Representative Cases:
- Represented prevailing beneficiaries of irrevocable trust, with assets in excess of ten million dollars, at trial of action to remove and surcharge trustees. Litigation included actions in Superior Court, Probate Court, Massachusetts Appeals Court and Massachusetts Supreme Judicial Court.
- Simmons v. Zoning Board of Appeals of Newburyport, et al, 60 Mass.App.Ct. 5 (2003). Represented prevailing party in zoning dispute concerning keeping of horses, as pets, by landowner on residential lot. Massachusetts Appeals Court decision expanded the definition of “accessory use” in Massachusetts zoning case law.
- Name of case withheld, Essex Superior Court Docket No.: 2005-XXXX. Represented limited partner at 2007 Superior Court trial of action to establish client's partnership interest in waterfront industrial building. Post trial confidential settlement entered by the parties.
- Successfully represented Massachusetts corporations in misrepresentation action against Maine bank in the United States District Court for the District of Massachusetts. Prevailed on venue and choice of law issues. Confidential settlement reached on eve of trial.
- Hurley, et al v. Golden, et al., Massachusetts Land Court Docket No.: 2006-317693. Successfully represented heirs of estate of decedent, who died in 1972 at the age of 102, in resolving claims concerning ownership interest, challenged by claims of adverse possession by occupants, who resided in Cambridge historic property without payment of rent for well over the statutorily required twenty year time frame. Value of recovery approximately $400,000.
- Chase, et al v. Trust for Public Land, John R. and Christine Kane Skibbee, City of Newburyport and Com. of Massachusetts, Massachusetts Land Court Docket No.: 2006-329075. Represented land owners in successful defense of claims brought by abutting land owners/sellers of land seeking to set aside conveyances based upon alleged violations of Massachusetts Constitution and requirement to obtain votes of Massachusetts Legislature for certain land transfers. Case dismissed following our clients' Motion to Dismiss for lack of "standing" by plaintiffs.
- Hollywood v. name withheld Mortgage Co., Middlesex Superior Court Docket No.: 2003-1197. Successfully represented Mortgage Broker in defense of civil action for fraud. In 2007, jury returned verdict in client's favor on all counts following one week trial.
- Party name withheld v. Harrison Specialty Co., Inc., 2009 American Arbitration Association. Represented independent contractor in successful claim for commissions due. After two day arbitration, arbitrator awarded all commissions due, for total award in the amount of $285,000.
- Represented litigant in Federal Court trademark infringement action concerning competing claims to mark by restaurant operators.
- Represented partner in multi-state litigation in State and Federal Courts concerning dissolution of partnership and various fiduciary claims following federal indictment of another partner.
- Represented client in successful defense of will contest in Middlesex Probate Court.
- Represented Mortgage Company in litigation of mortgage fraud case against borrower in Norfolk Superior Court.
- Represented seller of property in litigation concerning violation of recorded right of first refusal.
- Represented land owner in defense of Land Court adverse possession claim.
- Tried will contest concerning multi-million dollar estate in Essex Probate Court.
- Represented estate of pedestrian decedent in wrongful death action against state authority following bus accident. Parties entered confidential settlement.
ANKELES, HARMON & BONFANTI, Peabody, MA (1996-1999)
Associate in Firm's Litigation Department. Tried criminal, eviction, land use, domestic and estate cases in State courts.
MAVROS & FITZGERALD, Lynn, MA (1993-1996)
Associate practicing in criminal defense and personal injury litigation practice. Represented clients successfully in significant personal injury cases. Successfully tried Superior Court jury action resulting in acquittal for alleged felonies punishable by life imprisonment.
