Jeffrey D. Buss

• Litigation

Jeffrey D. Buss heads both the Litigation Department and the Energy Practice Group at Smith, Buss & Jacobs.  Mr. Buss has successfully tried numerous jury and non-jury trials, and has successfully argued and drafted appeals before the Appellate Divisions for the First, Second, and Third Departments, the Appellate Term for the First and Second Departments, the New York State Court of Appeals, and the United States Court of Appeals for the Second Circuit.  His trials and appeals have involved significant and complex issues in the areas of environmental, fraud, bankruptcy, civil rights, health, construction, corporate, constitutional, religious, election, cooperative, condominium, and real estate law.  Interesting cases handled by Mr. Buss include: Weissman v. Hassett (judicial immunity for bankruptcy trustee), In re OPM Leasing Services (right to a jury trial in fraudulent transfer litigation), Manti v. NYCTA (right of private business to recover damages under the civil rights laws for competitive injury caused by governmental agency), Rubin v. Sieh (tenant’s right to damages for breach of warranty of habitability), NYS Dept of Environmental Conservation v. Britestarr (landfill enforcement litigation), Robinson v. Olivarez (right of tenants to participate in federal energy assistance program), Seidman v. Merchants Bank (bank liability for improper set off against corporate pension fund), Jones v. Smith (First Amendment rights of prisoners to access the courts and the use of the U.S. mail), Flatbush Manor v. Gotham (rate reimbursement and rent calculations under NYS Department of Health regulations),  Griffin v City of New York (excessive penalty overturned in Article 78 against NYC); Nadler v. FDIC (scope of the financial and trade secret exemption to the Freedom of Information Act); Anco Painting v Kamen (sufficiency of RICO complaint involving bidding of NYC hotel painting contracts); Gold v. Feinberg (civil rights and election law); Nicolai v McKay; Nicolai v Kelleher; and Nicolai v Kelleher II    (standing of judicial candidates to challenge nominating convention); Farrell v Sunderland, (NYS ballot access law);  DaSilva v Kinsho International Corp (supplemental jurisdiction of federal courts to determine state discrimination claim); Annabi v the City of Yonkers (failure of municipality to refer ordinance to county planning board is jurisdictional defect precluding land use development); the Congregation Yetev Lev d’Satmar cases (5 trial court, 4 Appellate Division and 2 Court of Appeal decisions establishing New York law on the non-justiciability of internal religious controversies and the separation of church and state); First Nat’l Bank of Chicago v. Silver (compliance with NY Home Equity Theft Protection Act is mandatory pre-condition to residential foreclosure action);  HSBC v Sofer, (improper assignment and lack of standing in mortgage foreclosure proceeding requires dismissal); Damora Restaurant Corp v Gazette Realty (distinction between sublease and assignment), Spiezio Family Holdings v Cook, (fiduciary duty among members of LLC; professional malpractice); A & F Commercial Builders v City of Yonkers  (challenge of preferred municipal developer);  Riverbay v STONYA (termination of satellite television system contract by cooperative); Fresh Meadow Mechanical Corp v Riverbay (breach of EPC contract for construction of electric generating facility); and Brodsky v Board of Managers of Dag Hammerskold Plaza (use of proxies to defeat quorum in corporate election).

Mr. Buss has been repeatedly recognized  as a Superlawyer for his litigation skills by his peers, a designation reserved for attorneys recognized as being among the top five (5%) in their field.

• Energy Practice Group

The Energy Practice Group assists clients in developing and licensing energy generating facilities, including independent power producers (IPPs), qualifying cogeneration and small power producers (QFs), exempt wholesale generators (EWGs), and energy service corporations (ESCOs).  He also represents clients in the negotiation of leases and power purchase agreements for renewable energy facilities, tariff disputes, contract negotiations, rate making and rate design proceedings, regulatory and legislative matters, electric transmission issues, power sales agreements, construction and engineering contracts, operating and management contracts, and fuel and other support or project documents.

Mr. Buss was lead environmental, permitting and political counsel for a proposed 1100 MW generating facility which was one of the first entities to seek approval under New York’s Article X, a law which created the Board on Electric Generation Siting and the Environment.

Mr. Buss is also CEO of a renewable energy corporation which has been awarded Tier 1 Renewable Energy Certificates from the New York State Energy Research and Development Authority and which successfully completed the complex  interconnection process with the New York Independent System Operator [NYISO], including a  Facilities Study,  a Reliability Study, and a Class Year Study for the development of a 20 MW solar energy farm.

Mr. Buss is also General Counsel to a Delaware corporation established to develop a vertically integrated solar energy company, including the manufacturing, installation, operation, and disposal of solar panels.

As General Counsel for the Riverbay Corporation (see below) Mr. Buss assisted Riverbay in completing the construction, permitting and operation of a 40 MW, on-site cogeneration facility, which supplies all of Co-op City’s energy needs, including electricity, heat, hot water and air-conditioning.   As part of that project Mr. Buss negotiated the first interconnection agreement for cogeneration facilities in the NYC region, allowing Riverbay to sell excess electricity to the grid.  Currently, Mr. Buss is working with Riverbay to decarbonize its energy footprint consistent with Local Law 97 and the NYS Climate Leadership and Community Protection Act, and to develop what could become the largest urban solar facility in the Country.

• Real Estate/Cooperative/Municipal/Business Law

Mr. Buss has served as General Counsel for the Riverbay Corporation for more than nineteen (19) years.  Currently Mr. Buss manages Riverbay’s in-house Legal Department.  In that capacity Mr. Buss oversees multiple outside law firms providing legal services to the Corporation, as well as the day to day business operations of Riverbay.  Commonly known as Co-op City, Riverbay is an affordable housing cooperative established under Article II of the Private Housing Finance Law, commonly known as the “Mitchell-Lama” program.  Riverbay provides housing for nearly 50,000 individuals, residing in 15,372 units, on a 330 acre parcel in the Bronx.  Riverbay  contains three (3) shopping centers, 50 commercial offices located on the ground floor of 35 high rise towers, 472 town houses, 8 multi-story garages with 10,790 parking spaces, a forty megawatt (40MW) electric generating facility, and various recreational and community facilities.  Riverbay has over 1,000 employees, including its own armed police force.

As General Counsel, Mr. Buss represented Riverbay in a historic, first of its kind, $621.5 million dollar refinancing of the Corporation’s debt on two separate occasions.  Each transaction was financed by Wells Fargo Multifamily Capital and guaranteed by the United States Department of Housing and Urban Development, the State of New York Mortgage Agency, and the New York City Housing Development Corporation.

Mr. Buss has represented various municipalities including the City of Mount Vernon, the Town of Mount Kisco, the Yonkers City Council President, and the Mount Vernon Industrial Development Agency.

• Background

Mr. Buss served as a member of the Pro Bono Discretionary Appeal Panel for the U.S. District (2d Circuit) and the Pro Bono Panel for the U.S. District of the Southern District of NY, and previously served as an Arbitrator for the U.S. District Court, Eastern District of NY.  Mr. Buss has been a member of the Federal Bar Council, the American Bar Association, the Association of the Bar of the City of New York, the New York State Bar Association, and the New York State Trial Lawyers Association as well as the Association of Corporate Counsel.

Mr. Buss began his legal career as a Reginald Heber Smith Fellow and as staff counsel for the Public Utility Law Project (PULP).  He served as the Governor’s appointee and Chair of the New York State Low Income Energy Assistance Block Grant Advisory Committee, and as a  Board Member of the NYS Weatherization Program Advisory Council and the Title XX Block Grant Advisory Council; performed a legal compliance audit of a regulated New York utility on behalf of the NYS Attorney General; was a member of the Attorney General’s Martin Act Task Force, and served on the Bar Association committee which assisted the NYS Division of Housing and Community Renewal in the drafting of regulations for the New York State Mitchell-Lama Program.

• Weissman v. Hassett (judicial immunity exception for defamation)
• OPM Leasing Services (right to a jury trial in fraudulent transfer litigation)
• Manti v. NYCTA (right of private business to recover damages under the civil rights laws for competitive injury caused by governmental agency)
• Rubin v. Sieh (tenant’s right to damages for breach of warranty of habitability)
• NYS Dept. of Environmental Conservation v. Britestarr (landfill enforcement litigation)
• Robinson v. Olivarez (right of tenants to participate in federal energy assistance program)
• Seidman v. Merchants Bank (bank liability for improper set off against corporate pension fund)
• Jones v. Smith (First Amendment rights of prisoners to access the courts and the use of the U.S. mail)
• Flatbush Manor v. Gotham (rate reimbursement and rent calculations under NYS Department of Health regulations)
• Griffin v. City of New York (excessive penalty overturned in Article 78 against NYC)
• Nadler v. FDIC (scope of the financial and trade secret exemption to the Freedom of Information Act)
• Anco Painting v. Kamen (RICO complaint involving bidding of NYC hotel painting contracts)
• Gold v. Feinberg (civil rights and election law)
• Nicolai v. McKay, Nicolai v. Kelleher, and Nicolai v. Kelleher II (standing of judicial candidates to challenge nominating convention)
• Farrell v. Sunderland, (NYS ballot access law)
• DaSilva v. Kinsho International Corp (supplemental jurisdiction of federal courts to determine state discrimination claim)
• Annabi v. the City of Yonkers (failure of municipality to refer ordinance to county planning board is jurisdictional defect precluding land use development)
• Congregation Yetev Lev d’Satmar cases Appellate 2nd Dept. 7-11-06, Court of Appeals NY 11-20-07, Orange County Supreme Court 2-9-06, Appellate 2nd Dept. 9-8-03, Kings City Supreme Court 8-22-08 (a multiplicity of trial court, Appellate Division and Court of Appeal’s decisions establishing New York law on freedom of religion and the separation of church and state)
• First Nat’l Bank of Chicago v. Silver (compliance with NY Home Equity Theft Protection Act is mandatory pre-condition to residential foreclosure action)
• HSBC v. Sofer, (lender lacks standing in mortgage foreclosure proceeding)
• Wells Fargo v Blanco (improper assignment voids foreclosure proceeding)
• Damoro Restaurant Corp v. Gazette Realty (distinction between sublease and assignment)
• Spiezio Family Holdings v. Cook, (fiduciary duty among members of LLC; professional malpractice)
• A& F Commercial Builders v. City of Yonkers (challenge of preferred municipal developer)
• Riverbay v. STONYA (termination of satellite television system)
• Fresh Meadow Mechanical Corp v. Riverbay (breach of EPC contract for construction of electric generating facility)
• Cylich v. Riverbay (Article 78 proceeding)
• Brodsky v. Board of Managers of Dag Hammarskjold Plaza (use of proxies to defeat quorum in corporate election)
• Silver v. Newman (general release obtained by fraud is unenforceable)
• Douglas Elliman v. Silver (broker must be the “procuring cause” to recover commission)
• Merkos L'Inyonei Chinuch v. Sharf
• Wilmos Friedman v. CYL – Demarest – Venue

• Member, New York State Bar Association
• Member, American Bar Association
• Member, Association of Corporate Counsel
• Mediator, Eastern District, New York