David S. Tannenbaum Partner

David S. Tannenbaum heads Stern Tannenbaum & Bell LLP’s litigation department. Before co-founding the Firm, Mr. Tannenbaum was co-head of the Trial Department at the New York office of Duane Morris LLP for more than twelve years. Mr. Tannenbaum began his legal career as an associate at Shea & Gould, where he became a partner in 1992.

Mr. Tannenbaum has more than 30 years of experience representing clients in a wide variety of complex commercial and business litigation matters, with particular emphasis on contract disputes, real estate, banking, securities, professional liability, sports and entertainment, petroleum marketing, and intellectual property litigation.

Mr. Tannenbaum regularly appears in all New York state and federal courts, and also frequently represents clients in other jurisdictions. A substantial portion of Mr. Tannenbaum’s practice includes the representation of clients in arbitrations, administrative proceedings, and mediations.

Mr. Tannenbaum has been selected a New York Super Lawyer® in 2013 through 2016.

  • After a two week trial, obtained a defense jury verdict in July 2013 on behalf of a national specialty finance company which was accused by the plaintiffs of fraudulently misrepresenting its intent to finance the making of a motion picture. Prior to rendering its verdict in favor of the defendants, the jury sent out a note asking the court if it could award costs, damages, and punitive damages against the plaintiffs.
  • Dovid Feld v. Apple Bank for Savings, 2014 WL 1491817 (1st Dep't 2014) – Obtained decision and order from the Appellate Division, First Department, affirming pre-answer dismissal of the entire putative class action complaint against Apple Bank for Savings (the third largest savings bank in New York State) which alleged that Apple had engaged in unlawful and improper practices in imposition of overdraft fees on its savings deposit and checking account customers.
  • In re Coudert Brothers, LLP, 2013 WL 4478824 (Bkrtcy, S.D.N.Y 2013) – Obtained a decision from the United States Bankruptcy Court for the Southern District of New York which, for the second time, effectively disallowed an $85 million claim against Coudert Brothers. Although the Second Circuit Court of Appeals reversed the Court’s prior denial of the Claimant’s motion for reconsideration on the grounds that the Court had applied the wrong choice of law analysis, the Court held that because the Claimant failed to raise on appeal and the Second Circuit did not address the alternative basis for its ruling (namely, that the Claimant’s motion for reconsideration was impermissibly based on new arguments in violation of Fed. R. Civ. P. 59), the Court would adhere to its original ruling to avoid the adverse effects of reconsideration motions on the litigation process.
  • 112 West 34th Street Associates, LLC v. 112-1400 Trade Properties LLC, 95 A.D.3d 403 (1st Dep’t 2012).
  • 1400 Broadway Associates L.L.C. v. 112-1400 Trade Properties LLC, 2012 N.Y. App. Div. Lexis 4786 (1st Dep’t 2013) - Two separate but related cases in which we obtained summary judgment on behalf of ground lessees of large commercial buildings in Manhattan declaring that in each case the ground lessee was not in default under or in breach of the parties’ lease for the premises. In each case, the lessor had alleged that the lessee had breached the lease by, among other things, making alleged “structural” changes or alterations to the premises without giving notice to the lessor or obtaining the lessor’s approval as allegedly required by the parties’ respective leases. The judgments were unanimously affirmed in each case.
  • Network Enterprises, Inc. v. Reality Racing, Inc., 2010 WL 3529237 (S.D.N.Y. 2010) – On behalf of three individual defendants, obtained pre-answer dismissal of the complaint brought by Network Enterprises, Inc., a division of MTV Networks, seeking to hold the individual defendants personally liable under an alter ego theory for a default judgment against a corporation in which they held stock and for which they formerly served as officers and directors. The court dismissed the complaint in its entirety, including additional claims for unjust enrichment and fraudulent conveyance.
  • Madison/Fifth Associates, LLC v. 1841-1843 Ocean Parkway LLC, 75 A.D.3d 403 (1st Dep’t 2010) - Obtained summary judgment on behalf of the ground lessee of a commercial building in Manhattan declaring that the ground lessee effectively exercised its option to renew the parties’ lease. Among other things, the court rejected the lessor’s argument that the notice of renewal was contingent on the state of the premises at the exact expiration of the renewal period.
  • Empire State Building Company LLC v. New York Skyline, Inc., 2013 WL 655991 (S.D.N.Y. Bkr. Ct. 2013) – At the close of tenant’s direct case at trial in Bankruptcy Court, obtained judgment on partial findings dismissing tenant’s claims that landlord (the Empire State Building) had overcharged the tenant for electricity under the parties’ lease. Among other things, the court found that the Empire State Building had complied with the lease requirements for computing what the tenant had to pay for electricity.
  • Empire State Building, Inc. and Empire State Building Company, L.L.C. v. J. Ray Corliss, 2010 N.Y. Misc. Lexis 2104 (Sup. Ct. N.Y. Co. 2009) – Obtained summary judgment as to liability on behalf of the plaintiffs on their trespass and permanent injunction claims against the defendant who attempted to “base jump” off the Empire State Building. The court also dismissed all of the defendant’s counterclaims.
  • New York
  • United States Supreme Court
  • United States Court of Appeals for the Second Circuit
  • United States District Courts for the Southern, Eastern and Western Districts of New York
  • United States District Court for the District of Connecticut
  • Brooklyn Law School, J.D., 1983 (cum laude)
  • Brooklyn College, B.S., Accounting, 1980 (cum laude)
  • Duane Morris LLP
    • Partner and Co-head of Trial Department of New York office, 1995-2007
  • LeBoeuf, Lamb, Greene & MacRae, LLP, New York, New York
    • Of Counsel, 1994-1995
  • Shea & Gould, New York, New York
    • Partner, 1992-1994
    • Associate, 1983-1992