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Donald N.  David
Donald N.  David
Partner 
666 Fifth Avenue
20th Floor
New York, NY 10103
 
Tel:
212.880.3800
Fax:
212.880.8965
 
 

Donald N. David practices in the area of Commercial Litigation with an emphasis on real estate, entertainment, estates, close corporations and partnerships, intellectual property and financing.

Donald considers himself a trial and appellate attorney, having tried numerous civil matters in both bench and jury trials. He has appeared as trial counsel to other attorneys, as well as working with local counsel. He has been admitted pro hac vice in 27 state and federal jurisdictions. Additionally, he has argued appeals in three federal Courts of Appeal, intermediate appellate courts in New York and California, and numerous appeals before the New York Court of Appeals.

His practice is diverse, ranging from representing the Estate of an internationally known rap artist (as well as other entertainers), the widow of the owner of one of the nation's premier horse stables, numerous nationally known real estate developers, REITs, authors, banks, telecommunications companies and others.

Donald spent 22 years associated with New York firms specializing in real estate and, as a result, has a substantial background and knowledge of that area, along with the affiliated area of banking and financial structures. He has represented both developers and financing institutions, not only in litigation, but in restructuring failed financing. In one instance, he represented a developer in connection with a dispute with the Board of Managers of a newly developed cooperative over various construction issues, only to later be asked to represent the bank against the cooperative corporation when it failed to meet the mortgage payments.

For the first 10 years of practice after graduating from law school, Donald was trial counsel, and then the senior litigator, at a boutique New York City real estate firm that specialized in the area of valuing real property and close corporations. As a result, he has developed an interest in, and affinity for, cases dealing with the valuation of assets. As such, Donald has appeared as special counsel in connection with the valuation of real estate and business assets in cases where such valuation was relevant to damages, or in several instances in matrimonial matters. In that capacity, he has coordinated with primary counsel, appraisers and opposing counsel, has taken expert depositions and has supervised discovery. In most of those instances, if the matters went to trial, he acted as trial counsel on the separate issue of valuation and/or damages arising out of such valuation.
 
Representative Experience
 
Appellate Matters
 
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Rokowsky v. Finance Administrator of the City of New York, 41 N.Y.2d 574 (1977) (Property owner is entitled to relief due to deplorable inequality of assessment in New York City)
 
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Brulene Cooperative Apt., Inc. v. Finance Administrator of the City of New York, 54 N.Y. 2d 826 (1981) (Taxpayer entitled to be paid refund of taxes, despite claim by City that application was untimely)
 
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Colt Industries v. Finance Administrator, 54 N.Y. 2d 533 (1982) (City of New York does not have the right to impose a classified property tax system under the Administrative Code. Established the right of real property taxpayers to a City-wide equalization of the tax burden.)
 
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Shared Communications Services of 1800-80 JFK Boulevard, Inc. v. Bell Atlantic Properties, Inc., 1996 WL 908717, 30 Pa. D. & C.4th 323, 31 Phila.Co.Rptr. 40 (1996), afd 692 A.2d 570 (1997), appeal denied 555 Pa. 704 (1998) (Trial court denied JNOV after jury trial granting compensatory damages against Bell Atlantic Corporation, Metropolitan Life Ins. Co., and several subsidiaries for both breach of contract and the torts of civil conspiracy and tortious interference with contractual relations. The court also sustained punitive damages in excess of $3 million.)
 
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Shared Communications Services of 1800-80 JFK Boulevard, Inc. v. Bell Atlantic Properties, Inc., 692 A. 2d 570 (1997). (Appellate court holds that tort actions were properly brought for civil conspiracy and tortious interference for actions taken by a corporate parent to interfere with the contract involving a joint venture of which its subsidiary was a member).
 
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Sullivan v. Liapakis, 290 A.D. 2d 393 (1st Dept 2002) (In action between former member of law firm and the firm, allegations in her papers of unethical conduct by the law firm were not subject to seal or sanctions due to the public interest involved)
 
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Gettinger v. Kamber, 301 A.D. 2d 370 (1st Dept 2003) (To attack an arbitration award it is necessary to show "clear and convincing evidence" that a fraud was committed on the arbitration panel)
 
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State of New York v. Philip Morris Incorporated, 308 A.D. 2d 57 (1st Dept) (Acting on behalf of intervenor attorney contractually entitled to legal fees in connection with the Tobacco settlement, reversed court's sua sponte order barring payment of legal fees)
 
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Haymes v. Haymes, 252 A.D. 2d 439 (1st Dept 1998) (Finding that a wife who attempted reconciliation and co-habited for a 6 week period after a divorce was commenced did not have to commence a new action, with a new valuation date, when the reconciliation failed.)
 
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Brockman v. Frank, 149 Misc. 2d 399 (Sup Ct NY Co, 1991) (There is a common interest privilege among members of a social club that precludes a defamation action, unless malice is shown.)
 
 
Trial Level
 
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Bradford Construction Corp. v. Centeno, (Supreme Court, State of New York, County of Bronx), (Obtain a jury verdict on behalf of an Executive of the Bradford Construction Company in an alleged sexual harassment case. )
 
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Tucker v. Fischbein, 205 WL 67076 (E.D. Pa. 2005) (After remand from 3rd Cir, court grants renewed motion for summary judgment dismissing a slander per se action for failure to show special harm.)
 
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Ackman-Ziff Real Estate Group v. Talisman Brookdale LLC, I19 Misc. 3d 1138 (Sup. Co. NY Co., 2008) (Granting defendant summary judgment against Plaintiff broker on the ground that the commission sought had not been earned under the terms of the agreement.)
 
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Shared Communications Services of 1800-80 JFK Boulevard, Inc. v. Bell Atlantic Properties, Inc., 1996 WL 908717 (1990) (Decision denying a motion JNOV by defendants seeking to overturn a jury's award of punitive and compensatory damages, inter alia, for tortious interference with contract.)
 
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Shared Communications Services of 1800-80 JFK Boulevard, Inc. v. Bell Atlantic Properties, Inc., Court of Common Pleas, Philadelphia Co., October 14, 1999 (Court awarded prejudgment interest of $788,639.67 and attorneys' fees and costs of $3,428,301.42)
 
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Pickens v. Paulson, 2007 WL 4224400 (E.D. Ky. 2007) (Collateral estoppel would be applied in KY to enforce a settlement agreement, even though the prior decision was in a state court proceeding and the pending action was a federal diversity claim)
 
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In re Pharmatrak, Inc. Privacy Litigation, 220 F. Supp 4 (USDC MA 2002) (In class action finding that defendants were not liable under Wiretap Act, Stored Wire and Electronic Communications and Transactional Records Act or Computer Fraud and Abuse Act by reason of placing "cookies" on consumers computers when they visited web site.)
 
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Shady Records, Inc. v. Source Enterprises, Inc., 351 F. Supp. 2d 74 (USDC SD NY 2004) (Dismissing claims against rap artist Eminem as the assignor of certain copyrights to Shady Records Inc., brought by Source Enterprises.)
 
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Shady Records, Inc. v. Source Enterprises, Inc., 351 F. Supp. 2d 64 (USDC SD NY 2004) (Awarding sanctions for civil contempt in not removing infringing materials from a web site.)
 
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Shady Records, Inc. v. Source Enterprises, Inc., 2005 WL 14920 (SDNY 2005) (Granting Plaintiff summary judgment on all issues, including copyright ownership, dismissing all affirmative defenses except fair use, dismissing all counterclaims.)
 
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Greystone CDE LLP v. Sante Fe Pointe L.P., 2007 WL 4230770 (SDNY 2007) (In a case where the Plaintiff applied for a certificate of default and Defendant moved to strike clerk's certificate and vacate Plaintiff's service of complaint and amended complaint, Defendant's motion to vacate the default and the complaint granted on the grounds that service by Federal Express is not the same as the contractually provided for service registered or certified mail.)
 
Awards & Recognition
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Super Lawyers Magazine 2007, 2009-2011, 2013-2014, Listed in New York - Metro for General Litigation, Real Estate, and Entertainment & Sports
 
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Order of the Coif, NYU School of Law
 
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University Scholar, NYU School of Law
 
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Review of Law and Social Change, NYU School of Law, Editor
 
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Founders Day Award, NYU School of Law, 1971-1972
 
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American Jurisprudence Award for NY Practice, NYU School of Law, Fall 1971
 
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Martindale-Hubbell, AV Rated
 
Published Works & Lectures
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Global Litigation Conference and Exhibition, Panelist, "Wage and Hour Litigation and Collective and Class Actions," 2014
 
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New Developments in Evidentiary Law in New York, Author, "New York Evidence in the Electronic World," 2011
 
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ExecSense Webinars, Presenter, "Understanding the Instant Impact of GSI Commerce Solutions, Inc. v. Babycenter LLC (Second Circuit, August 18, 2010) on the Duty of Loyalty and Representation of Parties Adverse to a Firm Client's Affiliate/Subsidiary," 2010
 
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ABA Business Torts Journal, Tortious Interference Issue, Author, "The Corporate Parent-Subsidiary Privilege," Summer 2009
 
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New York Law Journal, Author, "Privacy Needs Key Despite Music Piracy on Campus," October 25, 2007
 
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Hollywood Reporter, Esq., Author, "RIAA Campus Letters: On Shaky Legal Ground?," June 11, 2007
 
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Association of Media and Entertainment Counsel (AMEC), Panelist, "The Merger and Acquisition Shake-Up in the Media and Entertainment Industry and Bi-Coastal Deal-Making," 2007
 
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New York State Bar Journal, Author, "A Real Property Tax Bouillabaisse: S. 7000A, Slewett & Farber and Colt," June 1982
 



Donald N.  David

Practice
Litigation
Education
J.D., New York University School of Law, 1972; cum laude
B.A., Rutgers University, 1969; with honors
Bar Admissions
California
Colorado
New York
Pennsylvania
Texas
 
 
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