Partner

Litigation/Real Estate & Land Use

O: (617) 880-3418

F: (617) 692-3418

About Mark

Mark is a respected, experienced and accomplished litigator. In more than thirty years of practice he has represented clients in a wide array of substantive matters, and has appeared in all divisions of the trial and appellate courts in Massachusetts, on both the state and federal side, as well as various state and federal administrative agencies. He has tried over forty cases to judgment in jury-waived and jury trials, arbitrations and administrative agency proceedings, and has briefed and argued over twenty-five appeals in the Massachusetts Supreme Judicial Court and Appeals Court, as well as the United States Court Of Appeals for the First Circuit (including the Bankruptcy Appellate Panel).

While Mark has subject matter expertise in a variety of areas, the focus of his litigation practice centers on real estate litigation involving “the ground and structures built on it” – specifically disputes over ownership of real estate, zoning and land use issues, construction litigation and commercial lease disputes. Other representative areas of practice include complex business litigation, including intracompany disputes and commercial litigation matters; representation by insurance companies in defense of personal injury, property damage and insurance bad faith claims, as well as coverage disputes; and representation of trustees in bankruptcy in adversary proceedings and contested matters involving bankruptcy estate administration.

Mark has been honored by his peers as a New England Super Lawyer since 2008, and holds an AV rating from Martindale Hubbell. Mark is a graduate of Bowdoin College (magna cum laude) and Boston College Law School (cum laude). Prior to entering law school he served as a teacher and coach at an independent secondary school. He is a former member and Chairman of the Zoning Board of Appeals of the Town of Wayland. He presently serves on the Board of Directors of the Neighbor Brigade and the Frank J. Murray Inn of Court, and as an avid cyclist is a member of the Planning Committee for the National Brain Tumor Society’s Boston Brain Tumor Ride. He is also a member of the Massachusetts Interscholastic Wrestling Officials Association.

Representative Matters

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  • Successful defense, after trial, of adverse possession case, resulting in a judgment requiring the opposing party to remove encroachment on client’s property
  • Successful defense, after trial, of claim against restaurant client by landlord alleging lease defaults arising from restaurant operations
  • Trial and appellate counsel in leading case establishing limitation of right to jury trial in bankruptcy proceedings
  • Successfully defended real estate developer in zoning appeal action in which Appeals Court limited ability to prohibit otherwise permitted uses through imposition of conditions
  • Represented wireless telecommunications providers in federal and state court and before local zoning boards
  • Facilitated negotiation of a favorable settlement involving parking rights for a major Boston hotel on adjacent property, subject to complex easements
  • Trial counsel in a proceeding concerning shareholder rights and valuation of a closely held medical instrument manufacturing company
  • Represented foreign government in international adoption matter
  • Successful trial and appellate defense of insurance coverage disputes and alleged bad faith claims handling
  • Successful defense, on jurisdictional grounds, of multimillion dollar property damage claim arising from product liability

Cases of Interest

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  • Suffolk Construction Company, Inc. v. Benchmark Mechanical Systems, Inc., 475 Mass. 150 (2016).
  • Desmond v. Raymond C. Green, Inc. (In re Harborhouse of Gloucester, LLC), 523 B. R. 749 (1st Cir. BAP 2014).
  • DeGiacomo v. Tashmoo Cove Realty, Inc. (In re Northwood Properties, LLC), 517 B.R. 27 (Bankr. D. Mass. 2014).
  • Shealey v. Federal Insurance Company, 946 F. Supp.2d 193 (D. Mass. 2013).
  • Mauri v. Newton Zoning Board of Appeals, 83 Mass. App. Ct. 336 (2013).
  • Miles v. Great Northern Insurance Company, 656 F. Supp.2d 218 (D. Mass. 2009), aff’d, 634 F.3d 61 (1st Cir. 2011).
  • Reynolds v. Bank of Canton (In re Reynolds), 45 B.R. 312 (D. Mass. 2011).
  • Braunstein v. Dexter (In re Aguilar), 450 B.R. 258 (1st. Cir. BAP 2011).
  • Sarner v. Dean Cooperative Bank (In re Sarner), 447 B.R.762 (D. Mass. 2011).
  • Marks v. Braunstein, 439 B.R. 248 (D. Mass. 2010).
  • McCabe v. Braunstein, 439 B.R. 1 (D. Mass. 2010).
  • Braunstein v. Fatsis (In re Fatsis), 435 B.R. 814 (Bankr. D. 2010).
  • Braunstein v. McCabe, 571 F.3d 109 (1st Cir. 2009).
  • Bardige v. Performance Specialists, 74 Mass. App. Ct. 99 (2009).
  • Mass. Environmental Associates, Inc. v. Town of Wilmington, 68 Mass. App. Ct. 1113 (2007) (rescript)
  • DeMoulas Super Markets, Inc. v. Ryan, 70 Mass. App. Ct. 259 (2007).
  • Braunstein v. Gateway Management Services Limited (In re Coldwave Systems, LLC), 368 B.R. 91 (Bankr. D. Mass. 2007).
  • Beal Bank, SSB v. Eurich, 448 Mass. 9 (2006).
  • Castle Hill Apartments Limited Partnership v. Planning Board of Holyoke, 65 Mass. App. Ct. 840 (2006).
  • Choate v. Zoning Board of Appeals of Mashpee, 67 Mass. App. Ct. 376 (2006).
  • Finard & Company v. Arlington Conservation Commission, 62 Mass. App. Ct. 1002 (2004) (rescript).
  • Zanghi v. Board of Appeals of Bedford, 61 Mass. App. Ct. 82 (2004).
  • Jacobs v. Castronovo, 59 Mass. App. Ct. 1108 (2003) (rescript).
  • Building Commissioner of Franklin v. Dispatch Communications of New England, Inc., 48 Mass. App. Ct. 709 (2000).
  • Libby v. Firstar Bank of Sheboygan, 47 F. Supp.2d 135 (D. Mass. 1999).
  • Puritan Medical Center, Inc. v. Cashman, 413 Mass. 167 (1992)

In The News

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Debtor doesn’t have right to jury trial in action seeking turnover of property – The U.S. Court of Appeals for the First Circuit recently held that debtors do not have a right to jury trials in actions by trustees seeking the turnover of property during bankruptcy proceedings. Mark Corner and Peter Sutton, who represented the trustee in this case, said the holding makes it easier in turnover cases for bankruptcy trustees to pursue assets of debtors and to cut down on delays and expenses in bankruptcy proceedings.
The United States Law Week, July 14, 2009

Publications

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The End of “Prohibition by Condition”:  Castle Hill Apartments Limited Partnership v. Holyoke Planning Board, Massachusetts Bar Association Section Review, Vol. 9, No. 1 (March 2007).

Affiliations

Neighbor Brigade, Board of Directors

National Brain Tumor Foundation Boston Brain Tumor Ride, Planning Committee

Frank J. Murray Inn of Court, Board of Directors

Wayland Zoning Board of Appeals, Member and Chair (1984-2001)

American Bar Association

Massachusetts Bar Association 

USA 500 Clubs

Massachusetts Interscholastic Wrestling Officials Association

Admissions

Commonwealth of Massachusetts

U.S. District Court, District of Massachusetts

U.S. Court of Appeals, First Circuit

Education

Boston College Law School, J.D., cum laude, 1987 

Bowdoin College, A.B., magna cum laude, 1982