Graifman, Brian D.
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Brian D. Graifman

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Practice Areas:

  • Supreme Court Litigation

Biography

Mr. Graifman practices in our Supreme Court Litigation Division, handling all actions and matters in law and equity, including those affecting real property and landlord/tenant disputes.

Mr. Graifman's 30-year background includes serving as Law Clerk to Hon. Roger J. Miner at the U.S. Court of Appeals for the Second Circuit and successfully litigating Wall Street and business dispute matters, including landmark cases against regulators.

Mr. Graifman is active at the New York County Lawyers Association (NYCLA), where he is immediate past Co-Chair of the state Supreme Court Committee and co-hosts an annual reception for new, appointed, re-elected and elevated judges, serves on the Board of NYCLA Foundation, and is a member of the Federal Courts Committee and Appellate Courts Committee. At the N.Y. City Bar Association, he serves on the Judiciary Committee, where he previously served from 2013 to 2016, rating judges, and previously was on the Committee on State Courts of Superior Jurisdiction.

Education

  • New York Law School, New York, New York
    • J.D. - 02/1988
    • Honors: magna cum laude
    • Honors: Rank 2 of 53 (Midyear)
  • Manhattan School of Music, New York, NY
    • B.S. - 1978
    • Major: Music Theory

Bar Admissions

  • New York, 1988
  • U.S. Supreme Court, 1992
  • U.S. Court of Appeals 2nd Circuit, 1990
  • U.S. Court of Appeals 9th Circuit, 2006
  • U.S. District Court Southern District of New York, 1990
  • U.S. District Court Eastern District of New York, 1990
  • U.S. District Court District of Connecticut, 1992

Honors

Classes & Seminars

  • State Appellate Practice, New York County Lawyers Association

Pro-Bono Activities

  • Board, NYCLA Foundation

Published Works

  • Mr Graifman co-authored the article ” Landlords still at risk for hosts’ illegal Airbnb rentals“, New York Real Estate Journal, March 7, 2017.
  • Mr. Graifman co-authored the article Hosts Now Liable for Advertising Illegal Airbnb Rentals, But Landlords Still Within Enforcement Cross-Hairs, which was published in The Mann Report, March 2017.
  • Mr. Graifman was quoted in The New York Law Journal on January 9, 2015, Commercial Division Takes Strong Stance Favoring Sanctions for ‘Dilatory Tactics’. (access available to NYLJ subscribers)
  • Commercial Division Takes Strong Stance Favoring Sanctions for ‘Dilatory Tactics’. Mr . Brian D. Graifman, Counsel in The Firm’s Supreme Litigation Division, was quoted in Commercial Litigation Insider on January 7, 2015.
  • October 10, 2014 – Panic over ‘ Branic’? Shelter Occupant Entitled to Rent-Stabilized Lease, written by Senior Partner David Rosenbaum and Counsel Brian Graifman, was featured in The New York Law Journal.
  • Chapter, Non-Customer "Customers" & Compulsory NASD Arbitration, Securities Arbitration, 601-16, 2002
  • Chapter, Federal Civil Nonparty Discovery: Things You Need to Know that Nobody Tells You, Winning Cases in Federal Court, NYCLA April 1 & 8, 2002
  • Chapter, Federal Civil Practice: Pitfalls & Best Practices, 1 Legal Malpractice: Techniques to Avoid Liability, 719-39, 1999
  • Article, 'Denver Area' Reveals Struggle Over Free Speech in New Media (Co-Author), N.Y.L.J., 5, Col. 1, Aug. 16 & 23, 1996
  • Letter, Query on O.J., N.Y.L.J., 2, Col. 6, July 7, 1994
  • Letter, Taping on Telephone Not Such a Bad Idea, N.Y.L.J., 2, Col. 6, Oct. 6, 1993
  • Letter, Don't Banc On It, N.Y.S.B.J., 8, Sept./Oct., 1993
  • Letter, Graduated Speed Limits?, N.Y. Times, 12, Col. 6, Oct. 13, 1991
  • Letter, Judge Jones' Concurrence Hustled Magazine, Nat'l L.J., 12, Col 2, July 22, 1991
  • Instruction Video, 10 Tough Times-Advice to Associates on Handling Some Hairy Situations (Co-Author), Featured in N.Y.L.J. and Court TV, 1, Col. 3, July 16, 1991
  • Letter, The Judge Not Chosen & Hustler Case, N.Y. Times, A28, Col. 4, Aug. 17, 1990
  • Letter, Constitution Provides Investigative Needs, Nat'l L.J., 12, Col. 2, June 4, 1990
  • Guest Column, Put Telephone Right to Privacy on Hold, N.Y.L.J. , 2, Col. 2, Apr. 3, 1990
  • Letter, Readers Should be Thankful for All 4,000, Nat'l L.J., 12, Col. 2, July 4, 1988
  • Letter, Parody Protection, N.Y. Post, 28, Dec. 14, 1987
  • Article, Grade Reform Weighing Grading, N.Y.L. Sch. Reporter, 6, Dec. , 1987
  • Letter, Time to Sign Off on Parking Meter Matter, Nat'l L.J., 12, Col. 2, Jan. 19, 1987
  • Article, Ideological Semantics, N.Y.L. Sch. Reporter, Nov/Dec, 1986
  • Article, Ideological Semantics, U.S. Student L. News, 3, Col. 1, Dec. 15, 1986
  • Guest Column, Disillusionment of a Law Student, N.Y.L.J., 2, Col. 3, June 13, 1986
  • Letter, Don't Blame Lawyers for the Crime Problem, N.Y. Post, Nov. 16, 1985

Representative Cases

  • In re Vetco, Inc., 738 N.Y.S.2d 599 , 2002, 2d Dep't, 2002162613
  • Tristar Corp. v. Freitas, 84 F.3d 550, 1986, 2d Cir., 1996123424
  • Denver Area Educational Telecommunications Consortium Inc. v. FCC, 518 U.S. 727, 1996, U.S. Supreme Court, 1996144463
  • Tropea v. Tropea, 87 N.Y.2d 727, 1996, Ct. of Appeals, NY, 1996078733
  • Fiero v. SEC, Summary Order # 98-4103, 1999, 2d Cir.
  • In re Wolk v. For the Dissolution of Vetco, Inc., 2000, Sup. Ct. Nassau County
  • Borden, Inc. v. Meiji Milk Prods. Co., 919 F.2d 822, 1990, 2d Cir., 1990167731
  • Merriam-Webster, Inc. v. Random House, Inc., 35 F.3d 65, 1994, 2d Cir., 1994183583
  • In re Prudential Secs. Inc., 795 F. Supp. 657, 1992, S.D.N.Y., 1992137621
  • Gruenewald v. 132 West 31st St. Realty Corp., 205 A.D.2d 498, 613 N.Y.S.2d 39, 1994, 2d Dep't, 1994124816
  • Glendora v. Cablevision Systems Corp., 45 F.3d 36, 1995, U.S. Ct. of Appeals, 2nd Cir., 1995031230

Professional Associations

  • New York County Lawyers’ Association
  • Federal Courts Committee and Appellate Courts Committee
  • New York City Bar Association

Past Positions

  • Caro & Graifman, P.C., Partner, 1994 to 1997
  • Schreiber, Simmons, Mac Knight & Tweedy, 1992 to 1994
  • Skadden, Arps, Slate Meagher & Flom, 1988 to 1992
  • Hon. Roger J. Miner ( U.S. Ct. of Appeals, 2d Cir.), Clerkship, 1988 to 1989