David A. Kaminsky
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David A. Kaminsky | |
|---|---|
| Add a Photo David A. Kaminsky | |
| Born | Brooklyn, New York |
| Alma mater | New York University Brooklyn Law School (J.D.) |
| Occupation | Attorney |
| Website | www |
David A. Kaminsky is an American real estate attorney..[1] and adjunct professor at the New York University School of Professional Studies[2]
Kaminsky has practiced extensively in real estate litigation and transactions.
Notable Cases
Matter of Pittis v New York City Loft Bd: In 1993, David A. Kaminsky represented a tenants association of loft tenants in a New York City building. The matter commenced in the loft board. This case was an early “horizontal multiple dwelling” determination by the loft board which required three or more units to be used residentially in order to qualify for loft board protection. As the two contiguous buildings housed only three tenants to be protected by the loft law, it was necessary to obtain a finding of horizontal multiple dwelling status at the loft board level. After a hearing with much testimony, the loft board determined that the loft tenants had demonstrated that the two contiguous structures were a horizontal multiple dwelling and therefore it was an interim multiple dwelling subject to loft law. The matter was sustained in the Supreme Court New York County after an Article 78 proceeding by the landlord Pittis, and an appeal by the landlord to the Appellate Division was denied and further sustained the finding of the loft board. This was a major win for the tenants of the building as they obtained loft law protection.[3]
Gottlieb v Licursi: This is a leading case on succession rights. This case began in the Housing Court New York County with a trial before Judge Peter Wendt. Wendt ruled for the tenant. Kaminsky, on behalf of his client Gottlieb appealed to the Appellate Term and obtained a reversal of Judge Peter Wendt. The case then went to the Appellate Division 1st Department and the 1st Department upheld the determination of the Appellate Term finding for the landlord. The case stands as authority for determining factors in succession cases. The Appellate Division affirmed basic concepts that the tenant failed to meet her burden of proving that she lived with the deceased tenant in a manner “bearing some indicia of permanence or continuity” and factors such as maintaining ownership of a house in Westchester County and filing income tax return and being registered to vote in Westchester county throughout her claimed co-occupancy of the apartment was fatal to tenant's succession claim.[4]
Honors
In 2018, Kaminsky received the Certificate of Appreciation from the Lawyer's Fund for Client Protection for assisting in providing information and details that helped obtain a grant for money stolen from his client by another attorney.[5]
Since 2021, Kaminsky has been recognized by Super Lawyers®, (part of Thomson Reuters) as an outstanding lawyer who has "attained a high-degree of peer recognition and professional achievement".[6]
References
- ↑ "Official Website".
- ↑ "Faculty Profile: David Kaminsky, Adjunct Instructor | NYU SPS Professional Pathways". www.sps.nyu.edu. Retrieved 2023-03-22.
- ↑ https://casetext.com/case/matter-of-pittis-v-new-york-city-loft-board/
- ↑ https://casetext.com/case/gottlieb-v-licursi?
- ↑ "ANNUAL REPORT OF THE BOARD OF TRUSTEES FOR CALENDAR YEAR 2018" (PDF).
{{cite web}}: CS1 maint: url-status (link) - ↑ "Top Rated New York, NY Real Estate Attorney | David Kaminsky | Super Lawyers". SuperLawyers.com. Retrieved 2023-01-03.
External links
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