David de Andrade, a member of the Bar of New York (1989) and the United States District Courts for the Southern and Eastern Districts of New York and the United States Court of Appeals for the Second Circuit, graduated magna cum laude from Berklee College of Music (B.M. 1983) and cum laude from New York Law School (J.D. 1989) where he was Editor of the Law Review.
Since then, David has engaged in a diverse, multi-faceted practice of law, specializing in commercial and general litigation, appeals and real estate matters. In the U.S., David has served as commercial litigation and real estate counsel to a wide variety of clients, including United Airlines, Apple Bank and East River Savings Bank, among others. David also spent several years abroad in Turin and Milan, Italy where he served as a consultant in United States law to European individuals and businesses, including a period acting as full-time legal consultant to Case New Holland (CNH), the multi-national manufacturer of construction and agricultural equipment.
David is a results-driven attorney with a focus on the specific needs of each business and individual he is retained to represent. He concentrates on fostering relationships with clients that allow him to understand their specific needs and goals and to represent each in an efficient and cost-effective manner.
Additionally, David continues to maintain close working relationships with a widely-diverse network of attorneys who specialize in virtually every area of the law, allowing him to provide clients across the board legal representation and guidance.
Representative litigation and administrative matters entrusted to David de Andrade, Esq. include:
Lamboy v. Peacock Color Offset Corp., 285 A.D.2d 414, 729 N.Y.S.2d 8 (1st Dept. 2001) – successfully appealed to the Appellate Division which modified an order of the lower court that had denied my client’s motion to vacate a $1.7 million dollar judgment against his company. The Appellate Division vacated the judgment and remanded the matter to the lower court, after which the judgment creditor was forced to abandon the case.
Nippon Fire & Marine Insurance Co., Ltd. v. Skyway Freight Systems, Inc.; American International Airways, Inc.; US Airways, Inc.; and United Airlines, Inc., 235 F.3d 53 (2d Cir. 2000) – I represented United Airlines, Inc. in this appeal — the decision was a “Decision of the Day” in the New York Law Journal (N.Y.L.J., 12/8/2000, p. 25, “Court Decisions”). The Second Circuit agreed with our position that a shipper of cargo on interstate air carriers cannot assert claims sounding in tort against a subcontracting carrier for lost or damaged cargo, but is limited to claims sounding in contract. The limitation of liability clause in the contract with the main contractor therefore applied. The decision is notable in the airline industry as the Second Circuit explicitly held for the first time since the Airline Deregulation Act of 1978 that federal common law governs actions against interstate carriers for lost or damaged shipments.
Jackson v. Safir, 261 A.D.2d 348, 691 N.Y.S.2d 422 (1st Dept. 1999) – a transferred Article 78 proceeding in which the Appellate Division confirmed that the NYPD’s selection of officers for drug testing by a computer-generated list of random names was valid.
1030 Southern Boulevard Realty Associates v. Ash Bronx, Inc., N.Y.L.J., 2/10/98, p. 25, col. 2 — the Appellate Term reversed the lower court in my client’s favor, holding that the breach of a stipulation of settlement at issue was de minimus and should not form the basis for the forfeiture of a tenancy and termination of a retail business.
Stiglianese v. Vallone, 174 Misc.2d 312, 666 N.Y.S.2d 362 (1st Dept. App. Term 1997), rev’d, 255 A.D.2d 167, 680 N.Y.S.2d 224 (1st Dept. 1998) – the Appellate Term reversed the judgment of the lower court that had awarded plaintiffs $30,000 for compensatory and punitive damages against my client based on a private nuisance, agreeing with my arguments based on the lower court’s erroneous evidentiary rulings and faulty interpretations of the New York City Noise Control Code. Subsequently, the Appellate Division reversed the Appellate Term to the extent of limiting damages to $15,000. The lower court’s 28-page decision, apparently attempting to set strong precedent regarding the law of private nuisance, had been of sufficient legal interest to warrant a front-page story in the New York Law Journal (N.Y.L.J., 11/8/95, p. 1, col. 3).
Lukas v. Ascher, et.al., N.Y.L.J., 12/19/96, p. 33, col 5 (front-page story, New York Law Journal, at N.Y.L.J., 12/18/96, p. 1, col. 3) – the court agreed that our petition alleging that article V, section 6 of the State Constitution and sections 61 and 64 of the Civil Service Law were violated by the Triborough Bridge and Tunnel Authority’s (“TBTA”) practice of hiring temporary employees instead of permanent workers from a certified eligible list was factually supported and denied the motion to dismiss made by the TBTA, Metropolitan Transportation Authority and the City of New York.
Zuckerman v. Empire Blue Cross/Blue Shield, 155 Misc.2d 271, 598 N.Y.S.2d 665 (1st Dept. App. Term 1993), a case of first impression, the decision of which was reported on the front-page of the New York Law Journal, 4/13/93, p. 1, col. 1, in which the court adopted my novel argument that a “hairpiece” was encompassed within the term “prosthetic appliance” as used in a health insurance policy issued by Blue Cross/Blue Shield.
Other cases argued and published:
Hernandez v. Domino Sugar Corp., 245 A.D.2d 680, 664 N.Y.S.2d 892 (3rd Dept. 1997); Weisshaus v. K.W.F. Realty Corp, et. al., 233 A.D.2d 516, 650 N.Y.S.2d 991 (2d Dept. 1996); Thanasoulis v. National Association for the Specialty Food Trade, Inc., et. al., 226 A.D.2d 227, 640 N.Y.S.2d 562 (1st Dept. 1996); People of the State of New York by Robert Abrams v. Westchester County Society for the Prevention of Cruelty to Children, 198 A.D.2d 484, 604 N.Y.S.2d 579 (2nd Dept. 1993); People of the State of New York by Robert Abrams v. Westchester County Society for the Prevention of Cruelty to Children, 198 A.D.2d 486, 604 N.Y.S.2d 824 (2nd Dept. 1993); Russell v. DelCastillo, 181 A.D.2d 680, 580 N.Y.S.2d 788 (1st Dept. 1992); Dean v. DelCastillo, 174 A.D.2d 566, 570 N.Y.S.2d 678 (1st Dept. 1991); D’Angelo v. Ward, 159 A.D.2d 425, 553 N.Y.S.2d 325 (1st Dept. 1990).