Debra Bodian Bernstein

Partner

P 212.216.8027    F 212.216.8001
1350 Broadway
New York, NY 10018

 

Debra Bodian Bernstein

Partner

P 212.216.8027    F 212.216.8001   dbernstein@tarterkrinsky.com

Debra Bodian Bernstein is a partner in the litigation practice and is a seasoned litigator, having represented clients in a wide range of industries and disputes since 1990. Debra joined Tarter Krinsky & Drogin LLP in 2002 and began her practice as a litigation associate with Winston & Strawn in New York.

Debra handles complex business and other civil disputes from inception through trial and appeal, including contract disputes, partnership and shareholder disputes, title insurance claims, landlord-tenant and cooperative and condominium disputes, mortgage foreclosures and other real property matters, fraudulent transfers, art restitution, intellectual property litigation, securities litigation, probate litigation and defamation.  

Debra also counsels clients in litigation avoidance and out-of-court settlement and insurance coverage, and has significant experience in post-judgment collection proceedings. She has extensive experience in New York State court, federal court, appellate practice and alternative dispute resolution, including the American Arbitration Association and JAMS.  

Some examples of the wide variety of matters handled by Debra include representation of: 

  • A prominent retail jeweler in an action against a luxury watch distributor based on breach of contract and tortious interference with business relations.  
  • The majority owner of an established wholesaler of women’s apparel in a shareholder dispute with the estate of the deceased minority owner.
  • Heirs in actions to recover artworks that had been lost during the Nazi period.
  • Lenders and borrowers in actions on promissory notes and guarantees.
  • A national bank in an action based on a sweeping mortgage fraud scheme. 
  • Real property owners and mortgage lenders in defense of title insurance claims.
  • Commercial landlords and tenants in significant lease disputes, including Yellowstone injunctions, nonpayment and holdover proceedings, ejectment, quiet enjoyment, constructive eviction and force majeure issues, and in lease negotiations and litigation avoidance.
  • A bankruptcy trustee in adversary proceedings based on fraudulent transfers and preferences.
  • A regional high-end candy store in a trade dress infringement action by a national retail candy chain.
  • A well-known financial advisor in an action against a competitor based on trademark infringement, unfair competition and defamation.
  • Lenders and condominiums in mortgage and condominium lien foreclosure proceedings.
  • An administrator and beneficiary of an estate in litigation involving the estate and the co-administrator.
  • The chef and majority owner of an established New York City restaurant in litigation with minority owners.
Community Involvement
  • Debra has been actively involved with the New York City Bar Association, where she has served on several committees, moderated programs, and participated in the Monday Night LAW program, providing legal advice to the community. Debra currently serves on the City Bar’s Real Property Law Committee.
  • Debra serves on the Steering Committee of the Harpur Law Council of Binghamton University, where she works closely with the Dean of Harpur College of Arts and Sciences and the pre-law advisor at Binghamton University, and other Binghamton staff and alumni. Key priorities of the Law Council include sponsoring summer internships, mentoring and providing programs for undergraduates at Binghamton University who are interested in a career in law and holding networking events for students and law alumni.  
Education
  • University of Pennsylvania Law School, J.D. 1990
  • State University of New York at Binghamton, B.S. 1987
Admissions
  • New York
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
Community Involvement
  • Debra has been actively involved with the New York City Bar Association, where she has served on several committees, moderated programs, and participated in the Monday Night LAW program, providing legal advice to the community. Debra currently serves on the City Bar’s Real Property Law Committee.
  • Debra serves on the Steering Committee of the Harpur Law Council of Binghamton University, where she works closely with the Dean of Harpur College of Arts and Sciences and the pre-law advisor at Binghamton University, and other Binghamton staff and alumni. Key priorities of the Law Council include sponsoring summer internships, mentoring and providing programs for undergraduates at Binghamton University who are interested in a career in law and holding networking events for students and law alumni.  
Memberships
  • New York City Bar Association
    • Real Property Law Committee 
  • New York State Bar Association
Articles
  • The TKD Advisor: You’ve Been Served with a Summons and Complaint — What Next?
  • The TKD Advisor: The Mortgage Market Crisis: Mortgage Foreclosure ‘Rescue’ Scams
  • The TKD Advisor: In Some Cases, The Real Battle is Enforcing, Rather than Obtaining, the Judgment

Favorite Band/Last Concert:
My favorites are soft rock and 80’s bands, and my all-time favorite band is the Cure. The last concerts I went to were the English Beat, New Order, the B-52s with OMD and Springsteen.

Favorite NY Landmark:
Central Park, especially the model boat pond and Belvedere Castle.

Quote I live by:
Life is ten percent what happens to you and ninety percent how you respond to it.

News

Events

  • Our Top 10 Legal Alerts from 2020

    As we start a new year, we would like to share with you some of our most popular legal alerts from 2020. Our top alerts range from bankruptcy, construction, COVID-19, labor & employment, immigration, trusts & estates, corporate & securities, litigation and intellectual property, reflecting the broad array of our full-service practice. We hope that our alerts have been helpful to you and your colleagues, and demonstrate our commitment to providing important information to you.

  • Federal Court Upholds New York City’s Recently Enacted “Guaranty Law” and Related Legislation Concerning Non-Payment of Rent Arising out of COVID-19

    In a highly anticipated decision, Judge Ronnie Abrams of the United States District Court for the Southern District of New York, in Melendez v. The City of New York, dismissed a challenge to the “Guaranty Law” and related legislation that was enacted by the New York City Council in the wake of the COVID-19 pandemic.

  • New York Replaces its Fraudulent Conveyance Law with the Uniform Voidable Transactions Act

    Understandably lost in the shuffle amidst the myriad of new laws and regulations resulting from the COVID-19 pandemic is New York's new Uniform Voidable Transactions Act (UVTA). Signed by Governor Andrew Cuomo on December 6, 2019, the UVTA became effective on April 4, 2020, and governs fraudulent transfers made on or after that effective date.

  • Our Top 10 Legal Alerts from 2019

    As we start a new year, we would like to share with you some of our most popular legal alerts from 2019.

    Our top-read alerts range from construction, labor & employment, tax, immigration, trusts & estates, cooperatives & condominiums, real estate, corporate & securities, litigation and intellectual property, reflecting the broad array of our full-service practice. We hope that our alerts have been valuable to you and your colleagues, and demonstrate our commitment to providing helpful information to you.

  • Tarter Krinsky & Drogin’s Top 10 Legal Alerts from the First Half of 2019

    As we head into summer, we would like to share with you some of our most popular legal alerts from the first half of 2019.

    Our top-read alerts range from construction, labor and employment, tax, corporate and securities, immigration, cooperatives and condominiums, commercial leasing, real estate, litigation and intellectual property, reflecting the broad array of our full-service practice. We hope that our alerts have been valuable to you and your colleagues, and demonstrate our commitment to providing helpful information to you.

  • Commercial Tenancy Contract Disputes: The New York Court of Appeals Curtails the Ability of Commercial Tenants to Seek a Yellowstone Injunction

    For approximately 50 years, commercial tenants in New York facing potential action for breach of lease and possible eviction have enjoyed the use of a so-called "Yellowstone injunction," which, if granted by the court, froze the contractual cure period under a lease governed by New York law.

Education
  • University of Pennsylvania Law School, J.D. 1990
  • State University of New York at Binghamton, B.S. 1987
Admissions
  • New York
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
Memberships
  • New York City Bar Association
    • Real Property Law Committee 
  • New York State Bar Association
Articles
  • The TKD Advisor: You’ve Been Served with a Summons and Complaint — What Next?
  • The TKD Advisor: The Mortgage Market Crisis: Mortgage Foreclosure ‘Rescue’ Scams
  • The TKD Advisor: In Some Cases, The Real Battle is Enforcing, Rather than Obtaining, the Judgment

Debra Bernstein

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