Kevin F. Kostyn

Kevin F. Kostyn is a commercial litigator with more than 30 years’ experience handling trials, appeals, depositions, and motion practice in the federal and state courts of New York and New Jersey, and before the American Arbitration Association. 

Formerly a partner in the highly regarded Manhattan firm of Breed Abbott & Morgan (and its successor Whitman, Breed Abbott & Morgan), Kevin went on to form his own litigation boutique in 2000. He has now reunited with Sally Blinken, a colleague from Breed Abbott, to offer the highest quality legal services.

Mr. Kostyn represents a wide variety of business clients in complex matters involving breaches of contract and fiduciary duty, fraud and business torts, attorney malpractice, employment disputes, defamation (libel and slander) actions, contested commercial foreclosures, trademark infringement, royalty disputes, and trust and estate litigation. He has represented professionals before State Licensing Boards and also provides advice and representation to internet and e-commerce businesses and start-ups.

Whatever the nature of your business dispute, Kevin F. Kostyn is a devoted and tenacious advocate and problem solver, with a track record of excellent results, and a career-long dedication to tackling any challenge with the highest level of professionalism and commitment. 

Mr. Kostyn’s client base includes corporate executives, film production companies, prominent recording artists, international and national banks, software companies, construction companies and contractors, real estate interests, pharmaceutical companies, capital market companies, retail stores, and non-profit organizations.  

Over his career, Mr, Kostyn has litigated, drafted or negotiated all manner of commercial contracts including joint ventures, severance and other employment agreements, stock option agreements, social media and internet licenses and terms of use agreements, non-competition and confidentiality agreements, real estate leases, construction contracts, and trademark agreements.

Notable Matters Include: 

• Obtained a $192 million judgment in RICO fraud action brought by client bank in the Southern District of New York against its former General Manager; Uncovered massive fraud involving twenty-five corporate borrowers in the United States, England, Gibraltar, the British Virgin Islands and Nigeria.
• Represented the Estate of Hilly Kristal, the owner of the iconic New York City nightclub CBGB, in litigation in New York Surrogate’s Court over trademark ownership.
• Represented national bank in litigation involving contested commercial foreclosure of development properties in Greenwich Village and Brooklyn, and breaches of letters of intent, term sheets and other loan documents.
• Acted as co-counsel to senior executives of defense contractor in federal action brought in the District of New Jersey alleging breach of Stock Incentive Plan and failure to pay benefits.
• Represented landowner in breach of contract litigation involving waterfront development site in Hallets Point, Queens and application of the Uniform Standards of Professional Appraisal Practice (USPAP).
• Represented real estate appraisers before state licensing boards in connection with alleged violations of ethical practices.
• Counseled internet-based business that provided finance options for eBay Motors, including negotiating and drafting advertising and promotions agreements, intellectual property licenses, service level agreements, non-disclosure agreements, and all legal content for company websites.
• Handled all phases of expert testimony from preparation through trial in lawsuit alleging fraudulent inducement and breach of contract to design ethane cracking facility 
• Prosecuted trademark infringement actions on behalf of national fast-food franchisor.
• Defended top five accounting firms and handled expert testimony at trial of Title VII action filed in the Eastern District of New York.