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Darius Chafizadeh
D: (914) 683-1212  
dchafizadeh@harrisbeach.com

Darius P. Chafizadeh

  Member

(914) 683-1212
  dchafizadeh@harrisbeach.com
  • Federal Appeals Court Affirms Dismissal of First Amendment Retaliation Claim Against Rockland County
Profile
Representative Matters
Professional and Civic
Areas of Experience
Admissions
Education
Location
Publications and Events

Darius represents both private and public sector clients in all facets of litigation, has tried numerous civil and criminal cases (jury and non-jury) to verdict in both state and federal courts and has argued countless appeals before state and federal appellate courts, including the New York Court of Appeals, the Appellate Divisions of the State of New York and the United States Court of Appeals for the Second Circuit. He serves as counsel to businesses and not-for-profits throughout the Hudson Valley on “day-to-day” operations.

Darius also represents both municipalities and developers in all aspects of land-use law, zoning law and the State Environmental Quality Review Act. He serves as counsel to public utilities, counsel to numerous local issuers and local municipalities and serves as Town Attorney for the Town of Mount Pleasant (2014-present). He served as the Village Attorney for the Village of Dobbs Ferry from 2010 to 2019. Darius began his legal career in the Bronx County District Attorney’s Office where he served for three years as an assistant district attorney in the Felony Trial Bureau.

Darius also serves as counsel to Winged Foot Golf Club, Sleepy Hollow Country Club and Bonnie Briar Golf Club as well as General Counsel to Mount Pleasant Industrial Development Agency (since 2014) and previously served as counsel to the Dobbs Ferry Local Development Corp. from 2010 to 2019.

Darius is managing partner of the Harris Beach White Plains office and a member of the firm’s Compensation Committee.

Representative Matters

Land-Use and Land-Use Litigation

  • Vasser v. City of New Rochelle, 180 A.D.3d 691, 118 N.Y.S.3d 717 (2d Dep’t 2020). The Appellate Division ruled in favor of the City of New Rochelle when property owners sought Article 78 and Declaratory Relief challenging an amendment of the City’s zoning code and the issuance of a negative declaration under SEQRA. In rendering its decision, the Second Department upheld the lower court’s finding that the property owners lacked standing to challenge the rezoning and SEQRA determination in connection with the City’s approval of a senior citizen residential facility. The Second Department held that petitioners who lived 1,200 and 1,800 feet away from the proposed development lacked standing because: (1) their homes were not adjacent to, but rather, several streets away from the proposed development; and (2) the speculative and unsubstantiated claims of potential harm (increased noise and traffic) failed to make the requisite showing of direct “injury-in-fact” different in kind or degree than suffered by the public at-large.
  • Matter of River Street Realty Corp. v. City of New Rochelle, 181 A.D.3d. 676, 121 N.Y.S.3d 107 (2d Dep’t 2020). The Appellate Division ruled that the City of New Rochelle was in full compliance with the State Eminent Domain Procedure Law (EDPL) and the State Environmental Quality Review Act (SEQRA) when it condemned commercial property in New Rochelle. The condemnation will allow development of a 27 story mixed-use residential building. In addition, the Court granted the City’s motion to dismiss a challenge to a 2016 amendment to its zoning code. Despite petitioner’s protestations, the Second Department held that the City provided proper notice to the petitioner under the EDPL and made timely determinations and findings after the hearing. The Court found that while the City did not strictly comply with EDPL 204(c) (3) or (4), any procedural error was harmless because petitioner was advised of its judicial remedies in prior notices and commenced the proceeding in a timely manner. The Court also found that additional contentions made in the petition were not properly made at the EDPL hearings and therefore, were not properly before the Court.
  • Represent higher education institution in all facets of development of satellite campus before local municipal boards.
  • Represent numerous country clubs in all facets of land-use approvals before local municipal boards.
  • Represent multinational developer for state-of-the-art logistics center before local municipal boards.
  • Represent developer of solar project before local municipal boards.
  • Represent developer of bus facility before local municipal boards.
  • Represent leading fast-food establishment in land-use applications before local municipal boards.
  • Represent all administrative boards of Town of Mt. Pleasant.
  • Legal Counsel to Town of Mt. Pleasant in its passage of Comprehensive Plan and Rezoning.

 Commercial and Municipal Litigation

  • Successfully defended County of Rockland in First Amendment Retaliation Claim before Federal District Court and Second Circuit Court of Appeals, Brooke v. County of Rockland, 21-598-cv, Summary Order, October 11, 2022.
  • Successfully defended client in claim for specific performance related to commercial property in Rockland County.
  • Successfully represent developer of charter school developer in RPTL 487 proceeding and negotiation of multiple access agreements.
  • Successfully defended Westchester Community College in eight (8) day jury trial in United States District Court, Southern District of New York on Title VII retaliation claim. McPartland Hurson v. Westchester Community College, [7:13-cv-02467-NSR-LMS].
  • Successfully defended City of Rye in New York Court of Appeals (7-0). Matter of Westchester Joint Water Works v. Assessor of the City of Rye, [2016 NY Slip Opinion, 04438-(2016)]
  • Successfully defended leading Westchester restaurant in breach of contract claim.
  • Successfully defended municipal client in wrongful death claim related to negligent road design and maintenance.
  • Represent a leading pharmaceutical advertising company in all facets of business, including transactional work and litigation.
  • Represent commercial real estate developers in commercial litigation in Supreme Court, State of New York.
  • Defended leading appraisal management and due diligence firms in numerous lawsuits throughout the United States and investigations and regulatory actions by the New York State Attorney General, the SEC and federal banking regulators concerning sub-prime issues.
  • Represented a boutique hotel company in all facets of business, including, breach of contract litigation and arbitrations.
  • Represented a beverage supply company in all facets of business and litigation.
  • Represented a national supply company related to employment dispute.
  • Represented a former trustee of trust in multiple litigations in Surrogates Court, Westchester County.
  • Successfully defended a government client as lead trial attorney in multimillion dollar claim to verdict after a three-week jury trial in New York State Supreme Court.
  • Successfully defended a government client as lead trial attorney in multimillion dollar claim to verdict after two-week jury trial in New York State Supreme Court.
  • Successfully represented trustees in “first-impression” litigation appealed to New York Court of Appeals regarding NY EPTL § 11-2.4. Successfully represented a leading commercial bank in lender liability actions and actions for breach of contract and fraud.
  • Defended pharmaceutical research company in conjunction with regulatory investigations.
  • Represented an import/export company in conjunction with investigation by the United States Department of Justice and Department of the Treasury.

Professional and Civic

  • New York State Bar Association, member
  • Dominican Sisters Family Health Services, member of the Board of Directors (2016-2019)
  • Merit Selection Panel of the United States District Court for the Southern District of New York (Magistrate Judges), member (2019-present)
  • Business Advisory Board, Tompkins Community Bank, member (2019-present)

Legal Practices

Business and Commercial Litigation
Environmental
Mass Torts and Industry-Wide Litigation
Wills, Trusts and Estates

Industry Teams

Construction and Surety
Municipalities and Local Agencies
Real Estate Developers

Admissions

New York

U.S. Court of Appeals, Second Circuit

U.S. District Court, New York - Eastern District

U.S. District Court, New York - Southern District

Touro College Jacob D. Fuchsberg Law Center

JD 
1997

Fordham University

MA 
1994

Providence College

BA 
1993

Location

White Plains, NY Office
Insights
March 13, 2020

Eminent Domain Ruling Advances New Rochelle Project

A ruling from the New York Appellate Division’s Second Department will allow the City of New Rochelle to move forward with the construction
News
October 19, 2022

Federal Appeals Court Affirms Dismissal of First Amendment Retaliation Claim Against Rockland County

Second Circuit U.S. Court of Appeals upheld a federal judge’s ruling that granted summary judgment on a First Amendment Retaliation claim
September 21, 2018

Economic Development Spurs Harris Beach Growth in White Plains

A surge of development in Westchester County and other areas in the Hudson Valley is driving demand for a range of ancillary business servic
Events
May 29, 2019

Darius Chafizadeh Moderating Panel at Center for Creative Land Reuse Summit

Darius will be moderating a panel titled “Repositioning Properties for Development in New Rochelle” at the Center for Creative Land Recyclin
External Publications
All Insights |
 March 13, 2020
Eminent Domain Ruling Advances New Rochelle Project
A ruling from the New York Appellate Division’s Second Department will allow the City of New Rochelle to move forward with the construction ...read more
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Darius P. Chafizadeh

dchafizadeh@harrisbeach.com
D: (914) 683-1212
White Plains, NY Office
Darius Chafizadeh
https://www.harrisbeach.com/people/chafizadeh-darius-p/

■ Areas of Expertise

Legal Practices

Business and Commercial Litigation Legal Practice
Environmental Legal Practice
Mass Torts and Industry-Wide Litigation Legal Practice
Wills, Trusts and Estates Legal Practice

Industry Teams

Construction and Surety Industry Team
Municipalities and Local Agencies Industry Team
Real Estate Developers Industry Team

■ Profile

Darius represents both private and public sector clients in all facets of litigation, has tried numerous civil and criminal cases (jury and non-jury) to verdict in both state and federal courts and has argued countless appeals before state and federal appellate courts, including the New York Court of Appeals, the Appellate Divisions of the State of New York and the United States Court of Appeals for the Second Circuit. He serves as counsel to businesses and not-for-profits throughout the Hudson Valley on “day-to-day” operations.

Darius also represents both municipalities and developers in all aspects of land-use law, zoning law and the State Environmental Quality Review Act. He serves as counsel to public utilities, counsel to numerous local issuers and local municipalities and serves as Town Attorney for the Town of Mount Pleasant (2014-present). He served as the Village Attorney for the Village of Dobbs Ferry from 2010 to 2019. Darius began his legal career in the Bronx County District Attorney’s Office where he served for three years as an assistant district attorney in the Felony Trial Bureau.

Darius also serves as counsel to Winged Foot Golf Club, Sleepy Hollow Country Club and Bonnie Briar Golf Club as well as General Counsel to Mount Pleasant Industrial Development Agency (since 2014) and previously served as counsel to the Dobbs Ferry Local Development Corp. from 2010 to 2019.

Darius is managing partner of the Harris Beach White Plains office and a member of the firm’s Compensation Committee.

■ Representative Matters

Land-Use and Land-Use Litigation

  • Vasser v. City of New Rochelle, 180 A.D.3d 691, 118 N.Y.S.3d 717 (2d Dep’t 2020). The Appellate Division ruled in favor of the City of New Rochelle when property owners sought Article 78 and Declaratory Relief challenging an amendment of the City’s zoning code and the issuance of a negative declaration under SEQRA. In rendering its decision, the Second Department upheld the lower court’s finding that the property owners lacked standing to challenge the rezoning and SEQRA determination in connection with the City’s approval of a senior citizen residential facility. The Second Department held that petitioners who lived 1,200 and 1,800 feet away from the proposed development lacked standing because: (1) their homes were not adjacent to, but rather, several streets away from the proposed development; and (2) the speculative and unsubstantiated claims of potential harm (increased noise and traffic) failed to make the requisite showing of direct “injury-in-fact” different in kind or degree than suffered by the public at-large.
  • Matter of River Street Realty Corp. v. City of New Rochelle, 181 A.D.3d. 676, 121 N.Y.S.3d 107 (2d Dep’t 2020). The Appellate Division ruled that the City of New Rochelle was in full compliance with the State Eminent Domain Procedure Law (EDPL) and the State Environmental Quality Review Act (SEQRA) when it condemned commercial property in New Rochelle. The condemnation will allow development of a 27 story mixed-use residential building. In addition, the Court granted the City’s motion to dismiss a challenge to a 2016 amendment to its zoning code. Despite petitioner’s protestations, the Second Department held that the City provided proper notice to the petitioner under the EDPL and made timely determinations and findings after the hearing. The Court found that while the City did not strictly comply with EDPL 204(c) (3) or (4), any procedural error was harmless because petitioner was advised of its judicial remedies in prior notices and commenced the proceeding in a timely manner. The Court also found that additional contentions made in the petition were not properly made at the EDPL hearings and therefore, were not properly before the Court.
  • Represent higher education institution in all facets of development of satellite campus before local municipal boards.
  • Represent numerous country clubs in all facets of land-use approvals before local municipal boards.
  • Represent multinational developer for state-of-the-art logistics center before local municipal boards.
  • Represent developer of solar project before local municipal boards.
  • Represent developer of bus facility before local municipal boards.
  • Represent leading fast-food establishment in land-use applications before local municipal boards.
  • Represent all administrative boards of Town of Mt. Pleasant.
  • Legal Counsel to Town of Mt. Pleasant in its passage of Comprehensive Plan and Rezoning.

 Commercial and Municipal Litigation

  • Successfully defended County of Rockland in First Amendment Retaliation Claim before Federal District Court and Second Circuit Court of Appeals, Brooke v. County of Rockland, 21-598-cv, Summary Order, October 11, 2022.
  • Successfully defended client in claim for specific performance related to commercial property in Rockland County.
  • Successfully represent developer of charter school developer in RPTL 487 proceeding and negotiation of multiple access agreements.
  • Successfully defended Westchester Community College in eight (8) day jury trial in United States District Court, Southern District of New York on Title VII retaliation claim. McPartland Hurson v. Westchester Community College, [7:13-cv-02467-NSR-LMS].
  • Successfully defended City of Rye in New York Court of Appeals (7-0). Matter of Westchester Joint Water Works v. Assessor of the City of Rye, [2016 NY Slip Opinion, 04438-(2016)]
  • Successfully defended leading Westchester restaurant in breach of contract claim.
  • Successfully defended municipal client in wrongful death claim related to negligent road design and maintenance.
  • Represent a leading pharmaceutical advertising company in all facets of business, including transactional work and litigation.
  • Represent commercial real estate developers in commercial litigation in Supreme Court, State of New York.
  • Defended leading appraisal management and due diligence firms in numerous lawsuits throughout the United States and investigations and regulatory actions by the New York State Attorney General, the SEC and federal banking regulators concerning sub-prime issues.
  • Represented a boutique hotel company in all facets of business, including, breach of contract litigation and arbitrations.
  • Represented a beverage supply company in all facets of business and litigation.
  • Represented a national supply company related to employment dispute.
  • Represented a former trustee of trust in multiple litigations in Surrogates Court, Westchester County.
  • Successfully defended a government client as lead trial attorney in multimillion dollar claim to verdict after a three-week jury trial in New York State Supreme Court.
  • Successfully defended a government client as lead trial attorney in multimillion dollar claim to verdict after two-week jury trial in New York State Supreme Court.
  • Successfully represented trustees in “first-impression” litigation appealed to New York Court of Appeals regarding NY EPTL § 11-2.4. Successfully represented a leading commercial bank in lender liability actions and actions for breach of contract and fraud.
  • Defended pharmaceutical research company in conjunction with regulatory investigations.
  • Represented an import/export company in conjunction with investigation by the United States Department of Justice and Department of the Treasury.

■ Professional and Civic

  • New York State Bar Association, member
  • Dominican Sisters Family Health Services, member of the Board of Directors (2016-2019)
  • Merit Selection Panel of the United States District Court for the Southern District of New York (Magistrate Judges), member (2019-present)
  • Business Advisory Board, Tompkins Community Bank, member (2019-present)

■ Education

Touro College Jacob D. Fuchsberg Law Center
 ,JD
 ,1997
Fordham University
 ,MA
 ,1994
Providence College
 ,BA
 ,1993

Harris Beach and its subsidiaries provide a full range of legal and professional services for clients across New York state, as well as nationally and internationally. Harris Beach is among the country’s top law firms as ranked by The National Law Journal and is among the BTI Elite law firms based on in-depth interviews of more than 600 corporate counsel at the world’s largest and most influential companies. Our clients include Fortune 100 corporations, privately-held companies, emerging businesses, public sector entities, not-for-profit organizations and individuals. Principal industries we represent include education, energy, financial, food and beverage, health care, insurance, manufacturing, medical and life sciences, real estate developers, and state and local governments and authorities.

Industry Teams
Automotive and Vehicle Dealerships
Blockchain and Digital Assets 
Cannabis
Construction and Surety
Educational Institutions Higher Ed
Educational Institutions K-12
EMS and Fire Protection Providers
Energy
Financial Institutions and Capital Markets
Food and Beverage
Health Care
Industrial and Consumer Manufacturing
Medical and Life Sciences
Municipalities and Local Agencies
Nanotechnology
Photonics
Racing and Gaming
Real Estate Developers
Science and Technology
Telecommunications and Media
Unmanned Aircraft Systems
USA Collegiate Sports
Veterinary Medicine

Practices
Alternative Dispute Resolution
Appellate
Business and Commercial Litigation
Collection Law
Commercial Real Estate
Corporate
Cybersecurity Protection and Response
Diversity Compliance
E-Discovery (e-infoSM)
Employee Benefits
Employment Litigation
Environmental Law
Environmental, Social and Governance (ESG)
Financial Restructuring, Bankruptcy and Creditors’ Rights
Government Compliance and Investigations
Health Law
Immigration Law
Insurance Coverage
Intellectual Property Law
International Trade Law
Internet Law
Labor and Employment Law
Mass Torts and Industry-Wide Litigation
New Markets Tax Credit
Patent, Trademark and Copyright Law
Product Liability and Comprehensive General Liability
Public Finance and Economic Development
Real Property Valuation Litigation
Residential Real Estate
Tax Law
White Collar Crime
Wills, Trusts and Estates

Consulting Services
HB Solutions LLC
Collegiate Sports Compliance
Data Privacy and Cybersecurity
Economic Development and Public Affairs
Educational Institution Assistance
EMRG® (E-Discovery Management Resources Group)
Energy
Health and Human Services
Human Resources
Information Technology
Marketing and Communication Services
Municipal and Local Agency Assistance

HB Cornerstone LLC
Owner Representation
Design Services
Facilities Consulting
Move Management

Caetra.io
CyMetric (Cybersecurity Regulation Compliance Software)

Offices throughout New York:

Albany
677 Broadway
Albany, NY 12207
518-427-9700

Buffalo
726 Exchange Street
Buffalo, NY 14210
716-200-5050

Ithaca
119 East Seneca Street
Ithaca, NY 14850
607-273-6444

Long Island
333 Earle Ovington Boulevard
Uniondale, NY 11553
516-880-8484

New York City
100 Wall Street
New York, NY 10005
212-687-0100

Rochester
99 Garnsey Road
Pittsford, NY 14534
585-419-8800

Saratoga Springs
513 Broadway
Saratoga Springs, NY 12866
518-587-0551

Syracuse
333 West Washington Street
Syracuse, NY 13202
315-423-7100

White Plains
445 Hamilton Avenue
White Plains, NY 10601
914-683-1200

Offices also in:

New Haven, CT
195 Church Street
New Haven, CT 06510
203-784-3159

Newark, NJ
One Gateway Center
Newark, NJ 07102
973-848-1244

Washington, DC
800-685-1429

Attorney Advertising. Prior results do not guarantee a similar outcome.
© 2022 Harris Beach PLLC

Content current as of February 3, 2023 5:07 am
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