David F. Kunz
Mr. Kunz is engaged in a litigation and general practice with the firm. In the area of litigation, his practice has been a wide range of civil matters including commercial disputes, stock-holder and corporate matters, employment and sexual harassment lawsuits, anti-trust, environmental claims, real property and real property tax matters, product liability, medical malpractice, defamation, personal injury claims and matrimonial equitable distribution cases. As an experienced practitioner, he has worked with legal specialists in real property development, entity organization and trust and estate matters. Mr. Kunz has headed legal teams for the firm handling complex litigation and legal matters requiring the coordination and supervision of attorneys with specialized practices from both within and outside the firm.
Mr. Kunz's representative recent engagements include the following:
- Obtaining a judgment in the Federal District Court for the Northern District of New York for over $20 million dollars in a commercial dispute.
- Statewide representation of a national real estate firm handling all its litigation from anti- trust to franchising issues.
- Defending manufacturers from sexual harassment and other employment claims.
- Handling complex multi-party litigation involving claims against New York State and subcontractors arising from construction contract claims resulting in a settlement worth over $1 million to his client.
- Successfully representing several large manufacturers in tax certiorari proceedings resulting in agreements to substantially reduce future real estate taxes and reimbursement for past excessive real property assessments.
- Handling a series of personal injury and medical malpractice cases to successful resolution with awards and settlements in excess of $1 million dollars.
- Of Counsel for trial purposes to numerous attorneys in cases in both federal and state courts.
- General Counsel involving all aspects of the development of several shopping center projects.
- Represented a sitting New York State Supreme Court Justice in an action in the Federal District Court for the Northern District of New York, which resulted in various provisions violated the First Amendment of the United States Constitution.
Areas of Practice
- Medical Malpractice
- Motor Vehicle Accidents
- Fall Down Injuries
- Products Liability
- Premises Liability
- Corporate Litigation
- Commercial Real Estate
- Commercial Arbitrations
- Administrative - Environmental
- Antitrust & Trade Regulation
- Eminent Domain
- Employment Law -- Employee
- Motor Vehicle Accidents -- Plaintiff
- Personal Injury - Plaintiff
- Premises Liability - Plaintiff
- Sexual Abuse -- Plaintiff
- New York, 1968
- U.S. District Court Southern District of New York, 2002
- U.S. District Court Western District of New York, 1983
- U.S. District Court Eastern District of New York, 1992
- U.S. District Court Northern District of New York, 1968
- U.S. Court of Appeals 2nd Circuit, 1989
- U.S. Supreme Court, 2004
- Albany Law School Union University, Albany, New York
- J.D. (Cum Laude) - 1968
- Honors: Justinian Society, 1968
- Honors: Cardozo Prize, 1968
- Law Review: Albany Law Review, Editor-In-Chief, 1966 - 1968
- Union College, Schenectady, New York
- B.A. - 1963
- Honors: With Honors
- Major: Political Science
- Constitutional Law - Freedom of Press - Obscenity Standards, Albany Law Review, Vol. 31, Issue 1, 1967
- Igneri v. Moore, 721 F. Supp 406 (U.S. Second Circuit 1990)
- Cibro Petroleum Prods. v. Sohio Alaska Petroleum Co., 602 F.Supp 1520 (1985)
- Cantor v. Multiple Lifting Service of Rochester County, 568 F.Supp 424 (1983)
- Somerset RR Corp. v. Owasco River RR, 69 N.Y.2d 1023 (1987)
- People v. Carter, 53 N.Y.2d 113 (1981)
- Town of Coeymans v. City of Albany, 237 AD2d 856 (1997)
- Norton Co. v. C-TC, 198 AD2d 696 (1993)
- Allen v. Cloutier Constructing Corp., 56 AD2d 348 (1978)
- Whalen v. Gerzof, 206 A.D.2d 688 (Supreme Court of New York Appellate Division, Third Department 1994)
- Board of Education v. Wager Constr. Corp., 45 A.D. 2d 63 (Supreme Court of New York Appellate Division, Third Department)
- C-TC 9th Pshp. v. Norton Co., 113 F.3d 1304 (United States Court of Appeals for Second Circuit 1997)
- Board of Education v. Wager Constr. Corp., 37 N.Y.2d 283 (Court of Appeals of New York 1975)
- N.Y. State Ass'n of Life Underwriters v. Superintendent of Ins., 30 N.Y.2d 746 (Court of Appeals of New York 1972)
- Plath v. Justus, 28 N.Y.2d 16 (Court of Appeals of New York 1971)
- Bush v. Mechanicville Warehouse Corp., 69 A.D.3d 1207 (Supreme Court of New York Appellate Division, Third Department 2010)
- Pakenham v. Westmere Realty. LLC, 58 A.D.3d 986 (Supreme Court of New York Appellate Division, Third Department 2009)
- Rossi v. Attanasio, 48 A.D.3d 1025 (Supreme Court of New York Appellate Division, Third Department 2008)
- Norton Co. v. Assessor of Watervliet, 3 A.D.3d 760 (Supreme Court of New York Appellate Division, Third Department 2004)
- Benefits By Design, Inc.
- Weis Markets, Inc.
- TODD Bush - Benefits By Design, Inc.
- Cindy Barford - Key Bank
- Gerald A. DeAngelus, CPA - Accountant
- Jack O'Hara, Esq. - Weis Markets, Inc.
Honors and Awards
- Justinian Law Society, 1968 - Present
- 2010 Super Lawyers, 2010
Professional Associations and Memberships
- New York State Third Judicial Dept., Committee Character and Fitness, Member, 1985 - Present
- New York State Bar Association, Member, 1971 - Present
- New York State Trial Lawyers Association, Member, 1987 - Present
Past Employment Positions
- State of New York, Third Department Supreme Court, Appellate Division, Law Clerk, 1968 - 1969
- New York State Senate, Attorney, 1969 - 1971
Pro Bono Activities
- Committee on Character & Fitness Appellate Division Third Department, 1989 - Present
- Assigned Counsel U.S. District Court Northern District of New York
- Sigma Chi