John T. Van Der Tuin is a Partner in the Litigation and Cooperative/Condominium Practice groups of Smith, Gambrell & Russell, LLP.
Mr. Van Der Tuin has specialized in real-estate and cooperative/condominium related litigation and dispute resolution for thirty years. He has advised and represented cooperative and condominium boards, corporate and individual real estate owners, commercial tenants and investors in a broad range of matters including partner/deal disputes, commercial and residential lease disputes, shareholder and unit owner litigations, construction disputes, land-use and environmental matters and lien foreclosures.
Mr. Van Der Tuin is a graduate of Carleton College and New York University School of Law. He clerked for Hon. Robert T. Donnelly of the Missouri Supreme Court.
He has practiced in all of the New York State courts with jurisdiction in the New York City metropolitan area, as well as the federal courts for the Eastern and Southern Districts of New York and the Second Circuit Court of Appeals. He has worked with Hebrew interpreters, in Israel and New York, in representing Israeli clients. Mr. Van Der Tuin also frequently assists clients in utilizing alternative dispute resolution processes to obtain optimal results without the expense and delay of conventional litigation.
Prior to joining Smith Gambrell, and after his judicial clerkship and practice in the Legal Aid Society Appeals Bureau, Mr. Van Der Tuin was an associate and partner in the firm of Balber Pickard Maldonado & Van Der Tuin, P.C. He has been a member of committees of the Association of the Bar of the City of New York and the New York State Bar Association related to real estate law, environmental law and commercial litigation, and was in early years a member of the editorial board of the Missouri Bar Journal.
In his “down time”, Mr. Van Der Tuin is a bit of a weekend warrior in rowing sculls, on cross-country skis or with his chain saw, much to the amusement of his wife and children, and provides support to his church, rowing clubs and community groups.
Litigation and Appellate Practice
Building on his early appellate training as a clerk for Hon. Robert T. Donnelly of the Missouri Supreme Court and in the Appeals Bureau of the Legal Aid Society, Mr. Van Der Tuin has a successful appellate practice, including successful representation of clients in three landmark cases before the New York Court of Appeals:
He has also represented clients on appeal to the United States Second and Ninth Circuit Courts of Appeal.
Other representative matters in the trial and intermediate appellate courts of New York include:
Cooperative and Condominium Practice
In parallel with his litigation practice, Mr. Van Der Tuin acts as general outside counsel to the boards of numerous residential and commercial cooperative corporations and condominium associations, where he can also call on the wide experience of his colleagues at Smith Gambrell & Russell in leasing, finance, construction, employment and other shareholder and governance matters. The buildings range from purely residential to mixed residential, commercial and retail, and from small self-managed buildings to buildings with hundreds of apartments and a million square feet or more of occupied space.