Davis, Malm & D'Agostine P.C. Attorneys at Law - Boston Law Firm: Samuel B. Moskowitz

Practice Focus and Experience

Sandy Moskowitz practices in the Land Use and Real Estate Group, the Litigation Group, and the Business Group. He has extensive experience in a broad range of real estate matters, including condominium law, title issues, real estate leasing, development and conveyancing, and mortgage lending. Sandy's practice also includes real estate and business litigation, and the representation of closely held businesses. Over his 25-year legal career, Sandy has developed an acknowledged expertise in all facets of condominium law, including both residential and commercial condominium development, operation and financing. Sandy was named a Massachusetts "Super Lawyer" from a poll of Massachusetts attorneys conducted by Law and Politics Magazine.

Representative Matters

Representation of over thirty condominium associations.
Representation of developers in creation of residential, commercial, and mixed-use condominiums.
Title claims work involving missing interests, faulty deeds, defective mortgage foreclosures, and improperly amended condominium documents.
Litigation of boundary, easement and title disputes, adverse possession claims, challenges to condominium development schemes involving phasing and withdrawal of land, and condominium construction defect cases.

Representative Reported Cases

Knott v. Racicot, 442 Mass. 314 (2004) - Supreme Judicial Court decision abolishing the ancient common law doctrine presuming consideration for contracts signed "under seal." Though decision was limited to option contracts, Court noted that logic of decision applies to other types of contracts as well.
Queler v. Skowron, 438 Mass. 304 (2002) - Supreme Judicial Court decision giving developers flexibility to use phasing and land withdrawal techniques in developing condominiums (overruling Levy v. Reardon, 43 Mass.App.Ct. 431 (1997), which limited those rights).

Professional

Distinctions: Peer review "AV" rated by Martindale-Hubbell, the highest bestowed rating; Massachusetts Super Lawyer, 2004, 2005, 2007.
Admitted: Massachusetts; Alabama; United States District Court for the District of Massachusetts; Supreme Judicial Court of Massachusetts.
Member: Boston Bar Association (Member of Council, 2005-2008; Member, Public Service Committee, 2005-; Chairman, Real Estate Section, 1993-1995; Chairman, Condominium and Cooperative Committee, 1991-1993; Co-chairman, Real Estate Pro Bono Committee, 1998-; Member, Real Estate Steering Committee,
1991-); Real Estate Bar Association for Massachusetts; The Abstract Club; Community Associations Institute; Omicron Delta Epsilon (international economics honor society).

Community Involvement

Awarded the Adams Pro Bono Publico Award in June 2006 by the Massachusetts Supreme Judicial Court for his work establishing and operating the Lawyer for the Day Program at the Boston Housing Court.
Elected member of the Boston Bar Association Council and an appointed member of the BBA's Public Service Committee, which oversees all public service programs of the Bar Association.
Served as past chair of the Boston Bar Association's Real Estate Section and a member of the Section's Steering Committee since 1991.
Since 1998, Sandy has served as Co-chair of the Boston Bar Association's Real Estate Section Pro Bono Committee, which created and operates the highly regarded Lawyer for the Day Program at the Boston Housing Court (volunteer lawyers advise unrepresented individuals with evictions and eviction defenses). In 2002, Sandy received the Denis Maguire Pro Bono Award for this work.
Sandy is an appointed member of the Advisory Group to the Expanding Access Working Group, an adjunct to the Massachusetts Supreme Judicial Court Steering Committee on Self-Represented Litigants, established to create an "unbundled" legal services pilot project designed to expand access to attorneys.
Sandy has served since 2002 as the Boston Bar Association's representative on the Land Court Committee on Registered Land Guidelines, which is rewriting and updating those guidelines.
Sandy is a former legal services attorney for Birmingham Area Legal Services and is still a member of the Alabama bar.

Articles

Cochaired a panel at the Massachusetts Conveyancers Association Spring Seminar entitled "Life After Bishops Forest." Sandy discussed Queler v. Skowron, the December, 2002 Supreme Judicial Court decision overturning Levy v. Reardon, and its practical implications for condominium developers, condominium practitioners and conveyancing attorneys. Davis Malm attorney Robert J. Galvin joined Sandy on the panel.
Condominium-Related Liens, author of chapter in Massachusetts Real Estate Liens, Massachusetts Continuing Legal Education, Inc. 2001

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