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Kevin L. Smith

PARTNER, NEW YORK



Kevin L. Smith concentrates in construction, real estate, special tax, cooperative and condominium, professional liability and insurance coverage litigation. He is an experienced trial and appellate advocate and has appeared regularly in state and federal courts.

Mr. Smith has prosecuted and defended matters on behalf of real estate developers, contractors, cooperatives, engineers, architects and design professionals. Mr. Smith has a particular expertise in commercial real estate disputes. Mr. Smith also has represented insurance companies involved in coverage disputes.

Representative Matters

  • Represented numerous cooperatives and building owners in disputes relating to parking garage leases and the physical condition of same.
  • Successfully represented a national banking organization in successful foreclosure of a multi-million dollar loan on a high rise residential building in Queens.
  • Represented major residential housing developer in the foreclosure of mortgages on a Manhattan theater district assemblage.
  • Successfully represented a national banking institution in connection with a commercial loan dispute involving a high-rise Manhattan office building.
  • Successfully defended the developers of an architecturally distinct residential development on the west side of Manhattan in connection with alleged construction and design defects.
  • Obtained a judgment of specific performance in connection with a contract dispute involving a classic townhouse on Manhattan’s east side.
  • Obtained a judgment of specific performance on behalf of a contract vendee in connection with an East Hamptons ocean-view estate.
  • Successfully prosecuted multiple partition actions to judgment sales with respect to classic residential properties located in the West Village and the west side of Manhattan.
  • Defended numerous real estate developers in connection with Martin Act investigations and prosecutions.
  • Advised a prominent ocean front cooperative with respect to building department and land use issues.
  • Litigated landmark condominium tax cases relating to RPTL 421-A tax benefits for commercial units in mixed use buildings.
  • Successfully defended an investment banking firm in connection with a claim for a $25 million real estate brokerage fee relating to its new corporate headquarters in Midtown Manhattan.
  • Represented a Bronx cooperative development in connection with garage defect claims relating to eight parking garages that resulted in a $27 million award for the cooperative.
Memberships
  • Member, The Association of the Bar of the City of New York
    • Member, Construction Law Committee, 1996-1999
    • Member, Committee on Courts of Superior Jurisdiction, 1992-1995
  • Member, American Bar Association
    • Member, Forum on the Construction Industry
  • Associate Member, American Institute of Architects
  • Member, Federal Bar Council
  • Designated Mediator, U.S. District Court, Southern District of New York
Activities
Publications
  • Co-author, "Construction Delays and the General Counsel: How to Navigate Contractor Problems to Keep the Project on Course," Metropolitan Corporate Counsel, July 1994
Admitted to Practice
New York, 1973
U.S. District Court, Southern District of New York, 1974; U.S. District Court, Eastern District of New York, 1974; U.S. Court of Appeals, Second Circuit, 1978; U.S. Supreme Court, 1985
Education
J.D., St. John's University School of Law, 1972
B.A., Fordham University, 1968
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