David R. Suny

Managing Partner

dsuny@mccormacksuny.com

Dave is an experienced civil litigation and commercial real estate attorney who has been practicing law for more than 30 years.

He spent his first ten years as a commercial litigation attorney including practicing at Davis Polk & Wardwell in New York and at Ropes & Gray in Boston.
He then served as a senior business and legal counsel (handling real estate and litigation matters) for Cummings Properties, one of the Commonwealth’s largest real estate development, leasing and property management companies for twelve years.
Prior to founding McCormack Suny in 2016, Dave was a partner at the predecessor McCormack Firm in Boston.

Since founding McCormack Suny, Dave has handled numerous complex litigation matters including two major false claims cases:

A seven year defense of a $125 million False Claims Act case involving 45 municipalities and agencies, winning the case on a summary judgment ruling that dismissed the entirety of the whistleblowers case.
Representation of a whistleblower in a False Claims Act case that resulted in a $16 million payment to the government pursuant to a settlement against an international orthopedics device manufacturing company.
Defended four year long prevailing wage litigation brought by 51 plaintiffs. Obtained a directed verdict at trial in favor of client on unjust enrichment claim, dismissal of retaliation claims brought against client as a sanction imposed against plaintiffs at trial for plaintiffs’ failure to fully disclose this claim in its’ pleadings, and prevailing wage claims pending final decision of the court.

Aside from false claims act cases Dave has handled a wide variety of partnership and shareholder litigation matters, including fiduciary duty cases involving closely held corporations.

Obtained a defense verdict from a jury on behalf of the President of a company accused of freezing out his partner.
Achieved a multi-million litigation settlement on behalf of a limited partner who was frozen out of a limited partnership real estate investment by the general partner.

Dave has also handled numerous commercial real estate litigations including:

In a case of wide applicability, obtaining a land court verdict after trial establishing his Boston based client’s rights to traverse over a one-hundred year old easement for any purpose.
Land use matters involving application of the Zoning Act including establishing a client’s right to continue its pre-existing non-conforming use, zoning variance litigation and mandamus actions against public officials.
Commercial lease litigation against tenants and guarantors, recovering millions of dollars in unpaid rent, prejudgment interest and his attorneys fees for his clients. In one of the more notable of these cases, Dave successfully established a veil piercing claim triggering personal liability of the tenant’s principal, allowing the landlord to collect in full on his judgment.
Represent high net worth individuals in successful multi-million dollar real estate contract litigation including the enforcement of offers to purchase including obtaining preliminary injunctions in favor of the client, as well as the successful defense of a similar claim in a different case

Additionally, Dave represented two professors in connection with their rights to advancement and indemnification from their universities of their criminal attorneys fees.

In perhaps his most notable case, gaining international attention, Dave represented a Harvard University professor in a multi-year civil action against Harvard relying on the complex body of law governing director and officer indemnification for liabilities incurred in the course of their employment.

On the commercial real estate transactional side Dave has extensive experience in the following:

Handling large and small project review applications under Article 80 of the Boston Zoning Code. Projects include a 600,000 square foot mixed use office project at Boston Landing, a 125,000 square foot project for church headquarters in Allston and the conversion of a victorian mixed use business and residence to ten town houses.
Handling appeals to the Zoning Board of Appeal for various municipalities, and advising clients on federal, state and municipal permitting matters, including Section 106 of the National Historic Preservation Act.
Representation of abutters to multiple real estate projects, resulting in the sale of the properties to developers.

Dave also provides counsel to commercial real estate landlords and tenants, and other clients in connection with a broad range of commercial real estate issues, from zoning and permitting, to acquisitions and dispositions, including the sale of a $106 million Quincy office complex.

Dave has negotiated hundreds of commercial leases with an emphasis on complex life sciences facilities. In particular, he currently advises two of Boston’s major corporations, the company owning the preeminent sports venue in Boston, and an international transportation company managing the commuter rail infrastructure on real estate matters.

Areas of Practice

Recent Engagements

Real Estate

LITIGATION

Bar Admissions

New York, 1991
Massachusetts, 1995
U.S. District Court of Massachusetts
U.S. District Court Eastern District of New York
U.S. District Court Southern District of New York
U.S. Tax Court

Education

Boston University School of Law, Boston, Massachusetts

J.D. 1990
Joseph Tauro Distinguished Scholar (Top 5% of class); Boston University Law Review

Dartmouth College, Hanover, New Hampshire
- B.A. 1987
- Major: English

Memberships

MA Bar Association
NY Bar Association
U.S. Tax Court

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