David S. Kasdan Partner

Background

David S. Kasdan is a partner in the firm’s New York Office. David specializes in the third-party defense of insureds pursuant to directors and officers, employment practices, and errors and omissions policies. David has expertise in defending claims stemming from the business judgment of corporate boards including housing cooperatives, condominiums, homeowners associations and not-for-profit organizations, litigating disputes involving the rights and powers of boards to control policy, hold corporate elections, enforce by-laws and lease provisions, and litigating disputes with sponsors and holders of unsold shares. David also has broad experience in defending employers in employment practices litigation in Federal and State Court and before the EEOC, the NYS Division of Human Rights and the NYC Commission On Human Rights. David honed these skills during his tenure as Senior Litigation Counsel at Chubb’s flagship downtown Manhattan House Counsel offices and as special litigation counsel at one of New York’s then leading boutique community association law firms. David also has significant commercial litigation experience based on his prior association with Milbank, Tweed and Robinson, Silverman where he represented real estate developers, sponsors and lenders in complex commercial litigations and bankruptcy proceedings. Finally, David had the honor of clerking for the Appellate Division of the New York Supreme Court.

Admissions/Education

ADMISSIONS, PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS

David is a member of the New York State Bar Association and the New York City Bar Association and he has served on the NYC Bar’s Cooperative and Condominium Law Committee. He has been a frequent lecturer at Chubb Continuing Legal Education Programs and at the Law Seminars of the Community Association Institute.

EDUCATION

Albany Law School of Union University, Juris Doctor 1985

Representative Cases

  • A Uniform Approach To New York State Liability For Wrongful Imprisonment: A Statutory Model (49 Alb. L. Rev.201 [1984]).

 

  • Bregman v. 111 Tenants Corp., 97 A.D. 3d 75 (First Department 2012) (board resolution limiting subletting rights found valid even if a single shareholder was sole target)

 

  • Weissman v. 20 East 9th Corp., 48 A.D.3d 242, (First Department, 2008) (after plaintiff failed to appear for Court ordered independent medical examination by defendants’ psychiatrist due to significant mental illness, Appellate Court precluded plaintiff from presenting evidence at trial of her medical condition or of cooperative’s discrimination based on that condition)

 

  • Jumax Associates v. 350 Cabrini Owners Corp., 46 A.D3d 407, (First Department, 2007) (affirming lower Court determination that sponsor was not entitled to past and future income from license agreement with cellular telephone company entered into by cooperative)

 

  • Jacobs v. 200 East 36th Owners Corp., 281 A.D2d 281, (First Department, 2001) (affirming lower Court dismissal of plaintiff’s claims for breach of warranty of quiet enjoyment, harassment, fraud, punitive damages under claim for breach of warranty of habitability and intentional infliction of emotional distress)

 

  • Grabe v. Board of Directors of Richmond County Country Club., 274 A.D2d 429, (Second Department, 2000) (affirming lower Court decision granting country club’s cross-motion for summary judgment dismissing challenge to country club’s suspension of petitioner’s membership)

 

  • Metered Appliances, Inc. v. 250 Tenant’s Corp., 257 A.D2d 697, (Second Department, 2000) (affirming lower Court decision dismissing vendor’s action to recover damages for breach of contract based on claim of license extension)

 

  • Pober v. Columbia 160 Apartment Corp.266 A.D2d 697, (First Department, 1999) (affirming lower Court decision granting cooperative summary judgment on ground that purchasers remained strangers to cooperative’s proprietary lease and were without standing to invoke vendor’s rights thereunder)

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