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Profile: David B. Saxe
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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
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