The partners, counsel, senior counsel, associates and staff of Proskauer Rose LLP mourn the loss of senior partner and former chair of the firm's Litigation and Dispute Resolution Department, Stephen Rackow Kaye.
Mr. Kaye joined Proskauer more than 40 years ago from Cornell Law School, where he was Managing Editor of the Cornell Law Quarterly. He graduated with distinction. He became one of the nation's preeminent litigators, with a wealth of trial and appellate experience in the state and federal courts and before various administrative agencies, as well as domestic and international arbitration tribunals. In recent years, Mr. Kaye, a member of the American Arbitration Association's Commercial Panel of Neutral Arbitrators and its Panel of International Arbitrators, increasingly served as an arbitrator or mediator in major disputes.
Among the matters which Mr. Kaye successfully represented are the New York Metropolitan Transit Authority in appellate proceedings rejecting challenges during 2003 to fare and toll increases; Reed Elsevier and Matthew Bender (Lexis-Nexis) in prosecuting its suit against Jurisline.com to final judgment and dismissal of the copyright preemption and antitrust claims asserted against them; 83 American and European publishers of scientific and technical journals at trial and on appeal in a landmark case against Texaco for copyright infringement by unauthorized intra-corporate photocopying of journal articles; Starrett Housing Corporation in its expropriation case against the Islamic Republic of Iran, resulting in the recovery of $59 million after two major international arbitration hearings at The Hague and months of valuation proceedings before Swedish experts, and Barneys in an international arbitration and subsequent proceedings resulting in the preservation of Barney's long-term agreement with a major designer.
Mr. Kaye was a member of the Policy Committee of the First Department Disciplinary Committee and hearing panel chair for that committee; member of the New York State Judicial Institute on Professionalism in the Law; chair of the Committee on Professional Discipline and chair of the Committee on Professional and Judicial Ethics of the Association of the Bar of the City of New York. Until recently, he served as a trustee of The Historical Society of the Courts of the State of New York.
Prior to attending Cornell Law School, Mr. Kaye served with the 25th Infantry Division in Korea in 1953-54. He is survived by three grown children and six grandchildren, along with his wife, the Hon. Judith S. Kaye, chief judge of the State of New York.