David A. Brodsky Esq. - Chester, NY

Overview

David A. Brodsky (J.D. Boston University, 1983; B.A. Boston University, 1980) is of counsel to the firm and serves as the chairman of the firm's civil/commercial litigation and appeals departments. Mr. Brodsky also sits on the firm's ethics and conflicts committee. He has practiced law in Orange County for over 25 years, the first 20 of those years maintaining his own office for the general practice of law in Chester, New York and East Meadow, New York.

Mr. Brodsky has broad experience in a wide spectrum of transactional and litigation matters including: real estate; planning and zoning; condominiums and cooperatives; business and corporation law; wills and probate; landlord/tenant; and appeals. He has served as attorney for the Town of Wallkill Planning Board, Provident Savings Bank, Brotherhood Winery, USA Petroleum Products Corp., Klar Realty Corp., Barleo Homes, Inc., European American Bank, Whispering Hills Condominiums, and numerous other corporate and individual clients. Mr. Brodsky has successfully litigated diverse matters ranging from Navigation Law contamination claims and Article 78 proceedings to Surrogate's Court probate disputes.

Mr. Brodsky also has successfully pursued countless appeals on behalf of firm clients in the appellate courts of the State of New York and in the Second Circuit Court of Appeals. His successful recent published decisions include:

• Baker v. Town of Wallkill, 2011 N.Y.SlipOp. 4399 (2d Dept. 2011) obtained reversal of Order denying summary judgment and dismissal of Complaint for alleged improper zoning.
• Covert v. Walker, 2011 N.Y.SlipOp. 1791 (2d Dept. 2011)obtained affirmance of Order denying summary judgment to pulmonologist in action for medical malpractice and wrongful death.
• Dellafiora v. Dellafiora , 38 A.D.3d 825, 835 N.Y.S.2d 204 (2d Dept. 2007)(modification granted which awarded client a greater share of marital real property);
• Dellafiora v. Dellafiora, 54 A.D.3d 715, 864 N.Y.S.2d 72 (2d Dept. 2008)(on remand, further modification granted which awarded client increased equitable distribution and $10,000 legal fees);
• Tracy v. Fagin , 31 A.D.3d 535, 818 N.Y.S.2d 592 (2d Dept. 2006)(modification granted to medical malpractice action discovery order);
• State v. Robin Operating Corp. , 16 A.D.3d 944, 793 N.Y.S.2d 208 (3d Dept. 2005)(affirmed judgment after trial relieving client of personal liability for petroleum spill contamination);
• DeVries v. DeVries , 59 A.D.3d 619, , N.Y.S.2d , (2d Dept. 2009)(reversed and vacated contempt order for non-payment of support/maintenance);
• Clubside, Inc. v. Valentin, et. al. , 468 F.3d 144 (2d Cir. 2006)(reversed order, granted client's motion to dismiss due process claim, and remanded for further proceedings);
• Salm v. Moses, 2008 N.Y.Slip.Op. 9929 (1^st Dept. 2008)(leave to appeal judgment in dental malpractice action granted to Court of Appeals by Decision and Order published March 31, 2009).
• Salatino v. Salatino, 64 A.D. 3d 923, 881 NYS2d 721 (3d Dept. 2009)(modification granted dismissing judgment against client for conversion)
• Pryba v. Pryba, 2010 N.Y. Slip.Op. 00770 (3d Dept. 2010)(modification granted reversing designation of court-appointed expert)