Judge Profile

David B. Saxe

Judicial Experience:

  • Justice, Supreme Court, First Judicial District, January 1991 to Present
  • Associate Justice, Appellate Division, First Department (January 27, 1998)
  • Acting Justice, State Supreme Court, January, 1973 to February, 1974
  • Law Secretary, Honorable Shanley N. Egeth, January, 1973 to February, 1974
  • Judge, Civil Court of the City of New York, January, 1973 to February, 1974
  • Acting Justice of the Supreme Court, Supreme Court, New York County IAS Part 18, January, 1986 to February 27, 1990
  • Justice, Supreme Court, First Judicial District, Appointed by Governor Mario M. Cuomo, February 28, 1990 to December 31, 1990
  • Judge, Civil Court of the City of New York, January, 1982 to December 1985
  • Judge, Supreme Court/Criminal Term, Part 84 (May 1997)
  • Supreme Court/Civil Term General Trial Part and before that in a Matrimonial Part

Other Professional Experience:

  • Private practice of law, 1978 to 1981
  • Lecturer, Law and Assistant Professor of Law City University of New York, 1966 to 1969

Biographical Data:

  • In 1989, I was rated "Well Qualified" by Governor Mario M. Cuomo's First Department Judicial Screening Committee and was subsequently appointed by Governor Cuomo to an interim Supreme Court vacancy.,In 1988, 1989 and 1990, I was selected by the Independent Judicial Screening Panel for the Supreme Court, New York County as "Most Highly Qualified." I was also rated "Highly Qualified" by the Metropolitan Black Bar Association (1988) and (1989) and "Exceptionally Well Qualified" by the New York State Trial Lawyers Association (NYSTLA) (1988) and (1989).,During the course of my campaign for election to the Civil Court (1981), I was "Endorsed" by The New York Times, found "Qualified" by the Association of the Bar of the City of New York (Committee on the Judiciary), rated "Preferred" by the Citizens Union and found "Exceptionally Well Qualified" by the New York State Trial Lawyers,I was informed by the former Administrative Judge of the Civil Court of the City of New York (Honorable Israel Rubin) in 1984 that I was found "Qualified" by the panel chaired by Dean Prince of Brooklyn Law School that had been empowered to vote upon candidates for extended rotation to the Supreme Court. In connection with that designation, I was "Approved" by the Committee on the Judiciary of the Association of the Bar of the City of New York (June 25, 1984).,PRIVATE PRACTICE OF LAW: From February, 1978 through December, 1981, I was involved in the private practice of law. Starting in early February of 1978 and continuing to almost the end of June of that year, I was associated with the firm of Krakower & Weissman, 477 Madison Avenue, New York, New York (751-3990). I was not employed for the balance of that year. In January, 1979, I began a private practice of law at a small office located at 30 East 40th Street, New York, New York 10016. In May of 1979 or thereabouts, I joined, as a partner, the firm of Salon, Marrow & Dyckman, 41 East 42nd Street, New York, New York (contact Leo Salon, Esq., 661-7100). I remained there until the end of 1979. At that point, I resumed the status of a single practitioner from that address (41 East 42nd Street), for a short time. Then I moved my practice in the first few months of 1980 to the law offices of Brett, Apfelberg & Epstein at 275 Madison Avenue, New York, New York 10016 (679-8900). For a short time, I practiced there as a solo practitioner and in the capacity of counsel to that firm. Thereafter, I was named a partner and the firm name was changed to Brett, Apfelberg, Epstein & Saxe. The firm specialized in representing tenants in co-op and condominium conversions and landlord-tenant matters. Prior to becoming a partner with this firm, I was involved in a general civil practice with an emphasis on civil litigation, educational law and the rights of handicapped children, family court representation, consumer law and appellate work.,GOVERNMENT: Consumer Advocate for The City of New York and Director of Law Enforcement, Department of Consumer Affairs, City of New York. Special Assistant Corporation Counsel, New York City, 80 Lafayette Street, New York, New York 10013 (February, 1974 - February, 1978) (overall legal and administrative responsibilities. I was engaged in general litigation in the field of trade regulation, products liability, consumer law and advertising law. I appeared in all state and federal courts.),LITIGATION EXPERIENCE AS ASSOCIATE ATTORNEY: I was associated with the firm of Phillips, Nizer, Benjamin, Krim & Ballon, 40 West 57th Street, New York, New York 10022 (977-9700): from about January 1972 to about the end of October, 1972 (contact Eugene Kline, Esq., or Julia Perles, Esq.). For the remainder of that year, I was with Otterbourg, Steindler, Houston & Rosen, Esqs., 230 Park Avenue, New York, New York 10017 (Daniel Gutterman, Esq., 661-9100). Also from 1968 through 1969, I was associated with the firm of Berman & Frost (disbanded for some time) at 110 William Street, New York, New York.,CORPORATE/COMMERCIAL: Associate Counsel, James Talcott, Inc., 1290 Avenue of the Americas, New York, New York 10019; from February 1970 through January 1972. Contact Frank Rinaldi, Esq., 673-9723 (evenings). I was involved in all areas of corporate law, factoring, commercial finance, U.C.C., leasing and negotiation.,TEACHING: Lecturer in Law and Assistant Professor of Law - City University of New York (September 1966 - December 1969). I taught courses in Contracts, Business Organizations, Negotiable Instruments and a Survey Course in law., Date of Birth: December 30, 1942 Place of Birth: The Bronx, New York

Education:

  • LL.M., New York University School of Law, 1972
  • JD, Case Western Reserve University School of Law, 1966
  • BA, Columbia College, 1963
  • Bronx High School of Science, 1959

Publications/Lectures:

  • An Exemplary Life,, New York Law Journal, February 20,2003
  • The Ties that Bind, New York Law Journal p. 2, col. 3., July 16, 1997
  • Divorce, New York Style, New York Law Journal p. 2, col. 3, March 19,1997
  • Improving Matrimonial Litigation, New York Law Journal p. 2, col. 3, May 20, 1996
  • Tips to New Judges, 34 The Judges' Journal, No. 1 38, Winter 1995
  • Increased Visitation, New York Law Journal p. 2, col. 3, October 24, 1994
  • Reconciliation, New York Law Journal p. 2, col. 3, January 28, 1994
  • Dinosaur Tales, ABA Journal p. 52., January 1994
  • Reducing Support Obligations By Voluntarily Reducing Income, New York Law Journal p. 1, col. 1, October 26, 1993
  • Fee Arbitration Can Work in Matrimonial Cases, New York Law Journal p. 1, col. 1, August 12, 1993
  • An Anatomy of a Settlement - Jockeying for Position, ABA Journal p. 52., July 1993
  • Shylock, Portia and a Case of Literary Oppression, Vol. 5 Cardozo Studies in Law and Literature No. 1, 115, Spring 1993
  • Reflections on Matrimonial Lawyers Judges and Practice - Part I, New York Law Journal,, January 8, 1993,
  • Reflections on Matrimonial Lawyers Judges and Practice - Part II, New York Law Journal p. 2., January 11, 1993
  • Too Young To Be His Wife, To Old To Be His Daughter, New York Law Journal p. 2 (Essay)., July 10, 1992
  • Delay, Vol. 22, Nos. 2 & 3, Trial Lawyers Quarterly, p. 19, Winter/Spring 1992
  • Goals and Standards, Vol. 64, New York Bar Association Journal No. 1, p. 30-33, January 1992
  • An Afternoon in a City Part, N.Y.L.J reprinted in Volume 17, No. 2 LITIGATION, The Journal of the Section of Litigation (ABA), p. 1 (, 10/29/90
  • False Starts, Vol. 77, American Bar Association Journal p.70, June 1991
  • The Joys of Judging, 75 American Bar Association Journal p. 92, November, 1989
  • Ghostwriters in the Courts, LITIGATION, Vol. 17, No. 3 p.37, Spring 1991
  • The Oldest Case in the IAS, New York Law Journal p. 2, October 16, 1989
  • Flummery, New York Law Journal p. 2., October 3, 1989
  • A Judge's Lot: Sleep, Perchance to Dream?, New York Law Journal, September 19, 1989
  • Sleep, New York State Bar Journal, January 1993 p. 49.
  • The Expert Witness, New York Law Journal p. 2, September 1, 1989
  • Not a Time for Humor, The National Law Journal p. 13(Podium), August 14, 1989
  • A Foley Square 'Regular' Sighs As Corner Delis Yield to Sushi Bars, Manhattan Lawyer p. 13(Commentary), February 21 - February 27, 1989
  • Billy Budd, Law Teacher, The National Law Journal p. 13(Podium), April 11, 1988,
  • Law and Literature, New York Law Journal p. 2., February 8, 1988
  • Tips on Writing for Trial Lawyers, New York Law Journal p.2, col. 3.(with Gallet, J), July 6, 1987
  • Summer's Endings, New York Law Journal p.2, September 4, 1987
  • Safe Havens in the Bronx Long Ago, New York Law Journal,, June 16, 1987
  • Verdict of a Manhattan Jury, New York Law Journal p.2, col.3., April 28, 1987
  • Opening Day, New York Law Journal p.2., April 9, 1986
  • New Loft Law: Commentary on the Emerging Case Law, New York Law Journal p 1. et seq (with Ralph Gerstein and Janis Beaver), May 11, 1983
  • Five Days! Next!, New York Law Journal p.2, January 13, 1983
  • Developments in Law of Co-op, Condominium Conversion, New York Law Journal, a three part series of articles, November 3, 4, 5, (1982)
  • Are 'No-Buy' Tenants Safe in Co-Op Conversion Plans?, New York Law Journal p.1(Co-op Law), August 19, 1981
  • The Worst-Kept Co-Op Secret in Town, New York Law Journal page 1, July 2, 1980
  • Intelligencer, New York Magazine page 7, August 11, 1980(Co-op Law, Tax Law)
  • The Federal Warranty Act: Progress and Pitfalls(with David Blejwas), 22 New York Law School Law Review 1, 1976
  • Some Reflections on the Interface of Law and Psychiatry in Child Custody Cases, The Journal of Psychiatry and Law 501(Family Law, Psychiatry & Law), Winter, 1975
  • Family Support Obligations: The Equal Protection Problem with Mitchell Salem Fischer, Esq., New York State Bar Journal 441, 1974
  • Notes on the Attorney-Client Relationship: A Psycholegal Overview with Seymour F. Kuvin, M.D, The Journal of Psychiatry and Law, 1974
  • Attorney-Client Relationship: A Psychoanalytic Overview, 9 New England Law Review 395, Spring, 1974
  • Psychotherapeutic Treatment and Malpractice, 58 Kentucky Law Journal 467, 1970
  • Psychotherapeutic Injury: Reshaping the Implied Contract as an Alternative to Malpractice, 58 Univ. of N. Carolina L. Rev. 63, 65, 1979
  • Psychiatry, Sociopathy and XYY Chromosome Syndrome, 6 University of Tulsa Law Journal 243, 1970
  • Psychiatry, Sociopathy and XYY Chromosome Syndrome, 8 Criminal Law Reporter 2032, October 14, 1970
  • Psychiatry, Sociopathy and XYY Chromosome Syndrome, Journal of Forensic Medicine, Johannesburg, South Africa, Vol. 18,. No. 3, July-September, 1971
  • Criminal Responsibility and Exculpation by Medical Category - An Instance of not Taking Hart to Heart, 27 Ala. L. R. 55, 107(Psychiatry and the Law, Criminal Law), 1975
  • Psychiatry, Psychoanalysis and the Credibility of Witnesses, 45 Notre Dame Lawyer 238, 1970
  • Psychiatry, Psychoanalysis and the Credibility of Witnesses, Asch, Mental Disability in Civil Practice, 1973
  • Psychiatry, Psychoanalysis and the Credibility of Witnesses, Brooks, Law, Psychiatry and the Mental Health System p. 1017, 1974
  • Spector & Foster, Admissibility of Hypnotic Statements: Is the Law of Evidence Susceptible, 38 Ohio St. L. J. 567 583, 1977
  • Examination of a Rape Victim in a Criminal Rape Prosecution - or How Many Times Must a Woman Be Raped, 18 Santa Clara L. Rev 119, 121, 1978
  • Foster, Present Sense Impressions: An Analysis and a Proposal, 10 Loyola Chi. L. J. 299, 327(Psychiatry and the Law, Evidence), 1979
  • Psychiatric Treatment and Malpractice, 37 The Medico-Legal Journal, 187(Part 4, 1969)
  • Psychiatric Treatment and Malpractice, Asch, Mental Disability in Civil Practice, 1973
  • Fishalow, The Tort Liability of the Psychiatrist, 3 The Bulletin of the American Academy of Psychiatry and the Law 191, Nov. 4, 1975
  • The Second Amendment: The Right to Bear Arms, 7 Houston Law Review 1, 1969
  • The Impact of State Constitutional Right to Bear Arms Provisions on State Gun Control Legislation, 38 U. of Chicago L.R. 185, 190, 191, 1970
  • Hardy & Stompoly: Of Arms and the Law, 51 Chicago - Kent L. Rev. 62, 67, 1974
  • Prior Convictions and The Gun Control Act of 1968, 76 Col. L. Rev. 326, 1976
  • Whisker, Historical Development and Subsequent Erosion of the Right to Keep and Bear Arms, 78 West Virginia L. Rev. 171, 178, 1976
  • Committee Report, Gun Control Legislation 31, The Record of the Association of the Bar of the City of New York, No. 4, April, 1976
  • Jackson, Jr., Handgun Control: Constitutional and Critically Needed, 8 N. Carolina Central L. J. 189, 190, 1976
  • Hardy, Firearm Ownership and Regulation: Tackling an Old Problem with Renewed Vigor, 20 Wm. & Mary L. Rev. 235, 1978
  • Beschle,"Reconsidering The Second Amendment: Constitutional Protection For A Right of Security, 9 Hamline L Rev. 69, 82, 1986
  • Armed Citizens, Citizen Armies: Toward A Jurisprudence of the Second Amendment, 9 Harvard Journal of Law & Public Policy, No. 3, p. 4, fn. 4(Constitutional Law [with Ronald Levine), Summer, 1986
  • A Visit to Portland: After-Acquired Property Clauses in Bankruptcy, Lead article in 1968 American Business Law Journal, Winter, 1968
  • CCH Bankruptcy Law Review, Sections 6001-6107 p. 30, 205(Bankruptcy, Secured Transactions)

Professional Civic Activities/Honors/Awards:

  • Member, Board of Directors, Anti-Defamation League New York Regional Board, 2004
  • New York State Bar Association, 2003 - Present
  • Member, Committee on Medicine and the Law, Association of the Bar of the City of New York, 1974 - 1976
  • Member, Committee on Real Property, Association of the Bar of the City of New York, 1987 - 1989
  • Member, Special Committee on Election Law, Association of The Bar of the City of New York, 1989 - 1991
  • Member, Committee on Bioethical Issues, Association of the Bar of the City of New York, 1991 - 1992
  • Member, Committee on Matrimonial Law, Association of the Bar of the City of New York, 1992 - 1995
  • Member, Anti-Bias Committee of The Supreme Court, New York County, 1995 - 1998
  • Honored Guest and Speaker, Annual Reception of the Committee on Matrimonial Law at the New York County Lawyers Association, May 28, 2003
  • Member, The Society of Benchers on 9/27/02 in recognition of Judge Saxe's "Outstanding contribution to the profession of law and to the welfare of the School of Law of Case Western Reserve University
  • Awarded Harlan Fiske Stone Memorial Award, New York County Trial Lawyers 10/15/02, for "Outstanding contribution to American Jurisprudence
  • Certificate of Appreciation, New York County Lawyers' Association, 1990
  • Meritorious Service Award, New York County Lawyers' Association, 1988
  • Our Town Award (OTTY Award)-In recognition of playing a role in making New York City a better place to live and work, 1985
  • Certificate of Appreciation, El Diario La Prensa "for personal interest, devotion and dedication which resulted in significant and meaningful contributions to the welfare of the Hispanic Community, December 5, 1976
  • First Prize, A. Van Biema Essay Contest for Best Essay, National Commercial Finance Conference, 1968 - 1969

Noteworthy Cases:

  • I have authored 670 decisions, many of which have appeared in the New York Law Journal and the Official State Reporter. They are listed in a separate portfolio which I will provide upon request. The New York Times once noted that I am the most widely published trial judge in the state