John T. Van Der Tuin is a Partner in the Litigation and in the Cooperatives/Condominium Practice of Smith, Gambrell & Russell, LLP.
Mr. Van Der Tuin has specialized in real-estate related and cooperative/condominium related litigation and dispute resolution for 30 years. He has experience advising and representing cooperative and condominium boards, corporate and individual real estate owners, partners, commercial tenants and investors in a broad range of real-estate related 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. 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 district courts and bankruptcy 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. He counsels clients, however, that litigation should be a last resort rather than a first impulse, and frequently utilizes alternative dispute resolution processes to assist his clients to achieve optimal results.
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.
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: