The Honorable Leonard B. Austin has enjoyed a remarkable legal career which culminated in his ascension to the Appellate Division, Second Department as an Associate Justice in 2009. He served there with distinction for nearly 13 years, handling approximately 1,000 matters yearly involving a wide breadth of complex subject areas. Since joining NAM, Justice Austin has heard a broad array of cases, including matters in the areas of commercial, construction contracts, insurance, labor law, medical malpractice, and real estate law.

With regard to construction cases, Justice Austin has been involved in, and successfully mediated, numerous matters. Most recently, he has served as a mediator in a construction breach of contract case wherein the property owner claimed that a public bridge construction project, adjacent to his property, negatively impacted the use of his property while the bridge was being built. In another dispute involving the board of managers of a cooperative complex which occupied several floors above the respondent’s hotel, Justice Austin mediated a resolution involving the sharing of the expenses for renovating and maintaining a jointly used service elevator and the sharing of the use of that elevator. A further matter involved the construction of a large residential pool which failed to meet the agreed specifications wherein Justice Austin mediated a breach of contract claim between the owner and the contractor. Finally, he mediated a construction and architecture malpractice claim that was based upon the use of plans which were not consistent with the local zoning laws and also dealt with failure to properly supervise the construction. As an Appellate and trial judge, Justice Austin heard and decided several construction cases involving contract interpretation, extra work claims, calculating damages, defective construction, delay of performance penalty, indemnification, claims against subcontractors, professional malpractice pertaining to architects and engineers, suppliers and builders, mechanic’s lien foreclosures, payment bond (State Finance Law Sec. 137(4)(b)); third party beneficiary violation of trust provisions under Lien Law Article 3-A, as well as surety bond claims. Such matters included private and public construction cases.

Justice Austin was assigned to the Commercial Division in Nassau County for 9 years, during which time he heard and resolved well over 2,000 cases addressing a variety of commercial matters, corporate relating to limited liability company and partnership dissolutions, as well as shareholder derivative claims, employment issues including restrictive covenants, and construction contract claims. In addition, he has heard and tried numerous medical and dental malpractice, product liability, and real estate cases, including co-op and condos. While serving in the trial court, Justice Austin handed down approximately 500 decisions each year, of which more than 100 were published annually. He also developed a streamlined method of handling construction cases that has served as a model throughout the state.

During his tenure in the Commercial Division, Justice Austin, at the behest of his colleagues, drafted the original Statewide Rules of the Commercial Division of the Supreme Court, which required mediating between upstate and downstate concerns to reach a consensus. In addition, he has served on the Pattern Jury Instruction Committee, which is responsible for drafting jury charges and regularly updating commentaries on the law. Justice Austin was also a member of the Chief Judge’s Commercial Division Advisory Council.

Justice Austin’s distinguished judicial career began in 1999, when he was assigned to serve in a dedicated Matrimonial Part in Suffolk County. During that time, he worked collaboratively with parties in fostering resolutions that were in the best interest of all involved, including the children, by recommending creative solutions to difficult financial and emotional issues.

Prior to serving on the bench, Justice Austin was engaged in a successful law practice for 21 years, at which time he focused primarily on complex commercial litigation, matrimonial and family issues, personal injury, and real estate matters, as well as appeals. Additionally, in 1980 and 1981, he served as counsel to the Speaker of the New York State Assembly as his representative to the Agriculture Committee and the Commerce and Industry Committee.

In 2024, Justice Austin was voted a Top Ten Arbitrator in the New York Law Journal’s “Best Of” survey for the third year in a row. He is a hard-working and detail-oriented jurist known for his intelligence, patience, and ability to assist in the resolution of even the most complex matters. In a letter of thanks, one of the attorneys in a class action case handled by Justice Austin stated, “I could never argue too much with your legal positions, and without your assistance and patience, the case would never have settled.” Additionally, according to the New York Judge Reviews and The Robing Room, some attorneys who have appeared before him have commented:

– “Brilliant jurist genuinely wants to help people and do justice…always listens to both sides before making a decision.;”
– “He is hands-on, proactive, practical, efficient, intelligent. I have nothing but good things to say about Judge Austin.;”
– “He has a strong preference for settling cases.;”

– “He is relentless about trying to get cases resolved from the first day you show up…always pushing some way to get the matter
resolved.;”

– “Very committed to doing the right thing.;” and
– “I would say he is very effective at getting cases resolved for the benefit of both parties.”

Justice Austin has authored numerous opinions that have significantly impacted New York jurisprudence and practice. Such opinions addressed issues of conflict of laws, long-arm jurisdiction, burden of proof in no-fault threshold cases, discovery sanctions, dissolution of limited liability companies, inheritance rights of second adopted children, the rights of a biological mother in surrogacy birth, tolling the statute of limitations in an accounting malpractice claim, and vicarious liability of a landlord and co-tenants in a dog bite case.

Furthermore, Justice Austin authored several articles dealing with equitable distribution, consumer law, and class actions. He also served as the President of the American College of Business Court Judges, the Theodore Roosevelt Inn of Court, and Presiding Justice (President) of the Judicial Section of the New York State Bar Association. He is also active in the Supreme Court Justices Association. Justice Austin is also a frequent lecturer to the Bar in the fields of e-discovery, appellate practice, commercial and matrimonial law, and civil practice. He is an Adjunct Professor of Law at Hofstra University School of Law, where he teaches New York Civil Procedure and Litigation Drafting Skills.

Justice Austin is available to arbitrate and mediate cases throughout the United States.