Resumé

David O. Wright, P.C.
Attorney at Law
118 North Bedford Road, Suite 100
Mount Kisco NY 10549
(914) 245-0455 *** (914) 245-5822 fax
dwright@davidwrightlaw.us

Professional Resume
Overview

Former Congressional Aide, Law School instructor, U.S. Court of Appeals clerk, educator and successful attorney. Engaged in general practice for over 40 years.

Employment

1990 – 2022 Self employed. Sole practitioner in Westchester County, New York. General civil and commercial practice, including real estate and land use; municipal; corporate; wills, trusts and estates; civil litigation; condominium law. Also counseling small trade organizations in antitrust and trade regulation compliance (U.S. and E.U.).

1981 – 1990 Stein, Zauderer, Ellenhorn, Frischer & Sharp, New York, New York – associate, then partner, in “spin off” firm, with other “big firm” attorneys. General practice, concentrating in litigation.

1979 – 1981 Kaye, Scholer, Fierman, Hays & Handler, New York, New York – associate attorney in antitrust department.

Education

UCLA Law School, Los Angeles, California – J.D., 1979 (top 11% of class), member, UCLA Law Review – concentration in antitrust and trade regulation.

University of Rochester, Rochester, New York – B.A., 1976 (Political Science and Economics, with distinction).

Mercy College, Yorktown Heights, New York – M.S., Secondary Education, 2004.

NJ School of Conservation, Wetlands Delineation Certification (2008)

Case Law – over 40 reported decisions in significant cases

Your New Home LLC v. J.P. Morgan Chase Bank, 62 Misc. 3d 1046, 92 N.Y.S.3d 851 (Sup. Ct. Westch. Co. 2019) (won suit to take condo unit and own it free and clear of Chase mortgage – worth $150,000 to our client, a condo Board).

Witkowich v. Zoning Board of Yorktown, 133 A.D.3d 679, 19 N.Y.S.3d 327 (2d Dept. 2015) (won appeal of locally-significant zoning matter).

Ritornato v. Ritornato, 186 A.D.3d 1422, 128 N.Y.S.3d 860 (2d Dept. 2020) (successfully reversing matrimonial judgment).

Deutsche Bank v. Palmer, 52 Misc.3d 1223(A), 43 N.Y.S.3d 766 (S. Ct. Westch. Co. 2016) (won dismissal of mortgage foreclosure).

Wells Fargo v. Final Touch, 112 A.D. 3d 813, 977 N.Y.S.2d 351 (2d Dept. 2013)(won appeal involving mortgage foreclosure issues).

Dworkin Construction v. Til-Mar Design, 59 Misc.3d 1205(A), 98 N.Y.S.3d 500 (S. Ct. N.Y. Co. 2018) (successfully striking counterclaims in complex construction dispute).

US Bank, NA v. Gestetner, 103 A.D.3d 962, 960 N.Y.S.2d 227 (3d Dept. 2013) (successful appeal, dismissing fraud claims – statute of limitations issues).

Killeen v. New York Office of Real Property Services, 253 A.D.2d 792, 677 N.Y.S.2d 618 (2d Dept. 1998) (won action to declare Westchester’s school tax collection procedures unconstitutional, in violation of Equal Protection; ultimately court ordered $4.4 million in refunds).

US Bank, NA v. Gestetner, 74 A.D.3d 1538, 902 N.Y.S.2d 247 (3d Dept. 2010)(winning reversal of mortgage foreclosure summary judgment with forgery and bad faith defenses).

Carlos v. Santos, 123 F.3d 61 (2d Cir. 1997)(successful defense of town in civil rights case based on abolishment of police department).

Jones v. National Communication, 409 F. Supp. 2d 456 (S.D.N.Y. 2006) ( won dismissal of civil rights complaint).

Eckhaus v. Ma, 635 F. Supp. 873 (S.D.N.Y. 1986)(declared corporation’s right to protect itself from renegade director) (this case as written up on various corporations treatises).

Farber v. Wards Co., 825 F.2d 684 (2d Cir. 1987)(co counsel)(landlord-tenant use and occupancy issues).

Beller & Keller v. Tyler, 120 F.3d 21 (2d Cir. 1997)(defense of collections case).

Howe v. Readers Digest, 686 F. Supp. 461 (S.D.N.Y. 1988)(dismissed class action lawsuit claiming sweepstakes program was a fraud).

Philippson v. Hexalon and Arthur Andersen, 111 A.D.2d 126, 489 N.Y.S.2d 506 (1st Dept. 1985)(defense of major accounting firm in fraud case)(co-counsel).

Richter v. Stein, 235 A.D.2d 295, 652 N.Y.S.2d 708 (1st Dept. 1997)(successful defense of art gallery accused of stealing paintings).

Katona v. Low, 226 A.D.2d 433, 641 N.Y.S.2d 62 (2d Dept. 1996)(successful prosecution of adverse possession case).

Eaton v. NYC Conciliation & Appeals Board, 56 N.Y.2d 340, 452 N.Y.S.2d 358 (1982)(co counsel)(religious institutions are not exempt from rent stabilization laws).

Lee v. Putnam Valley Zoning Board, 1 A.D.3d 600, 768 N.Y.S.2d 26 (2d Dept. 2003)(successful defense of zoning board denial of variance, “single and separate ownership” issue).

Bari Homes v. Yorktown Zoning Board, 226 A.D.2d 368, 640 N.Y.S.2d 222 (2d Dept. 1996)(as Chair of ZBA, got appellate court to reverse lower court grant of variance).

Glassmeyer v. 310 Lexington Owners Corp., 232 A.D.2d 229, 647 N.Y.S.2d 784 (1st Dept. 1996)(issues re share misallocation in cooperative housing).

Ellias v. Columbia University, 248 A.D.2d 273, 670 N.Y.S.2d 82 (1st Dept. 1998)(breach of contract claim by unsuccessful doctoral candidate).

Chemical Bank v. Kupperstock, 248 A.D.2d 145, 670 N.Y.S.2d 66 (1st Dept. 1998)(defeated bank’s effort to set aside foreclosure sale).

In re Guttenplan, 222 A.D.2d 255, 634 N.Y.S.2d 702 (1st Dept. 1995)(defined standards for setting aside settlement agreement where duress is alleged).

Putnam Valley v. Sacramone, 16 A.D.3d 669, 792 N.Y.S.2d 191 (2d Dept. 2005)(successor counsel) (affirmed my successful town code prosecution).

International Fidelity Insurance Co. v. Robb, 159 A.D.2d 687, 553 N.Y.S.2d 436 (2d Dept. 1990)(successor counsel) (affirmed my judgment on unsigned indemnification agreement).

RCA v. Tucker, 696 F. Supp. 845 (E.D.N.Y. 1988) (NY federal judgment applies NY law and overrides Florida’s pro-debtor homestead exemption).

Gonzalez v. Zoning Board, 3 A.D.3d 496, 771 N.Y.S.2d 142 (2d Dept. 2004) (unsuccessful defense of zoning board’s denial of variance).

Morehead v. Lind, 112 A.D.2d 996, 492 N.Y.S.2d 804 (2d Dept. 1985) (sustaining Human Rights dismissal of employee complaint against Readers Digest).

Chelsea National Bank v. Lincoln Plaza, 61 N.Y.2d 817, 473 N.Y.S.2d 953 (1984) (loan collection defeated due to lack of corporate officer’s authority).

Commercial Trading Co. v. Freidus, 114 A.D.2d 292, 499 N.Y.S.2d 43 (1st Dept. 1986)(successful collection on stale promissory notes over vigorous defenses).

Stahl v. Putnam County Board of Elections, 10 A.D.3d 435, 780 N.Y.S.2d 738 (2d Dept. 2004) (representation of candidates challenging removal from ballot).

Wolfson v. S&S Securities, 756 F. Supp. 374 (N.D. Ill. 1991) (successfully arguing Colorado River abstention doctrine).

Town of Riverhead v. NYS Board of Real Property Services, 4 N.Y.3d 756, 790 N.Y.S.2d 645 (2005)(granting motion to file intervenor amici brief in Court of Appeals, concerning special segment equalization rates).

Feiner v. NYS Office of Real Property Services, 25 A.D.3d 1005, 807 N.Y.S.2d 452 (3d Dept. 2005)(denying standing under tax equalization laws).

Cassaboon v. Town of Somers, 359 F. Supp. 2d 320 (S.D.N.Y. 2005), affirmed 2005 WL 3556675 (2d. Cir. 2005) (civil rights action by real estate developer against Town).

Adrian Family Partners v. Exxonmobil, 79 Fed. Appx. 489, 2003 Westlaw 22477924 (2d Cir.) (successfully reversing District Court’s dismissal of case, for lack of subject matter jurisdiction).

Adrian v. Town of Yorktown, 210 Fed. Appx. 131, 2006 WL 3826663 (2d Cir. 2006)(addressing federal ripeness standards in Civil Rights cases).

West End Neighborhood Taxpayers Assn. v. Town of Ossining, 39 A.D.2d 764, 832 N.Y.S.2d 442 (2d Dept. 2007) (taxpayers lack any standing ever to challenge town equalization rates).

Adrian v. Town of Yorktown, 56 A.D.3d 580, 869 N.Y.S.2d 118 (2d Dept. 2008)(reinstating real estate developer’s “taking” claim against municipality, based on harassing and selective enforcement of regulations).

J & L Masonry v. Dworkin Construction, 34 A.D.3d 739, 825 N.Y.S.2d 235 (2d Dept. 2006), appeal denied, 9 N.Y.3d 803, 840 N.Y.S.2d 762 (2007) (represented general contractor on appeal).

Adrian v. Town of Yorktown, 342 Fed. Appx. 699, 2009 Westlaw 2380078 (2d Cir. 2009) (reinstated $150,000 jury verdict for my client).

Adrian Family Partners I, LP v. Exxonmobil Corp., 61 A.D.3d 901, 878 N.Y.S.2d 140 (2d Dept. 2009) (unsuccessful appeal in contract / duress case).

Other Significant Legal and Non-legal Experience

1978 – Student clerkship, Hon. Ellsworth A. VanGraafeiland, U.S. Court of Appeals, Second Circuit, New York, New York.

1997, 1999 – Candidate for Yorktown Town Supervisor.

1992 – Commentator, NBC Nightly News with Tom Brokaw.

1989 – 1999 – Yorktown Zoning Board of Appeals (Chairman for 10 years).

1989 – 2006 – Mohegan Lake District, director.

2004 – Mohegan Colony homeowner association board of directors.

2000 – 2003 – Town Attorney, Town of Putnam Valley.

2001 – 2008 – special counsel to various municipalities negotiating cable TV agreements.

1993 – 1997 – American Arbitration Association, arbitrator (White Plains).

1975 – 1976 – Legislative Aide to Rep. Glenn M. Anderson (D. Calif.), Washington, D.C.

1986 – National Institute for Trial Advocacy instructor (Arthur Andersen, Chicago).

1985 – 1986 – Brooklyn Law School, adjunct law instructor.

May 2009 – Person of the Year, NYS Federation of Lakes

2005 – certified to teach Chemistry and Biology.

Other affiliations over the years

Yorktown Historical Society trustee.

Westchester Land Trust.

Consumers Energy Fuel Co-op, various years, President (1999 – 2000).

Association of the Bar, City of New York.

Westchester County Bar Assn.

New York State Bar Association (current).

Putnam County Bar Assn.

NYS Federation of Lakes, director and general counsel (1996 – 2019).

Habitat for Humanity – Putnam County (co-founder).

Rotary Club, Putnam Valley (2000 – 2003).

Mohegan Lake Association (1989 – 2008).

Publisher, Yorktown Observer (1995-1999).

North American Lake Management Society (speaker 2009, New England)
author, Lake Law (various editions 1998 – 2016)
author, Westchester Lawyer (2015, 2018)

Awards

Putnam County Historical Society Award, 2001.

Yorktown Theater “Amber Award,” 1999.

Putnam Valley Residents Comm., 1998, “Distinguished Service”.

Putnam Valley Residents Comm., 2002, “Best Town Attorney Ever”.

NYS Federation of Lakes, 2009, highest achievement award.

Mohegan Lake District, 2009, highest achievement award.

Federal Communications Commission, Extra Class radio operator’s license (2017 to present).

Federal Emergency Management Agency, emergency communications certificate (2015).

Other achievements

Wells v. S & S Securities, American Stock Exchange Arbitration (1995) – After two years of arbitration before “blue ribbon” industry panel, I secured a $428,000 award for former trader against firm that allegedly stole $250,000 from him; I litigated against one of the world’s largest law firms.

Campagna et al v. State, slip op (Ct. Claims 2003) (I won complex liability trial against NY State D.O.T., the only one in NY history for D.O.T. salt contamination of hundreds of acres of groundwater in Dutchess County)

Assisted US Attorney’s Organized Crime Strike Force and Kroll Associates to dissolve Local 100 Hotel Employee and Restaurant Employees International Union, due to racketeering, circa 1986 – 1992. Appearances on local and national television news.

Won some 13 separate litigations (including one trial and two appeals to Second Circuit), administrative proceedings and lobbying of NYS Senate, to obtain dissolution of Town of Putnam Valley Police Department, and obtained $10,000 sanctions against a town board member (1998).