From Wikipedia, the free encyclopedia Bentley Kassal
Bentley Kassal
Judge Bentley Kassal early rugby football player, he was a member of the 1940
Harvard Rugby Football team which was the undefeated
champion of the Eastern Rugby League. Kassal is married
to Barbara Joan Wax Kassal, a retired business executive
from Bonwit Teller in New York City.
Early years
Born in the Harlem area of Manhattan, New York City
on February 28, 1917 to Pauline Nirenberg Kassal and
Hyman Kassal, born in Poland and Austria, respectively.
Kassal graduated from Public School 86 in the Bronx
(1930), Townsend Harris High School in Manhattan
(1933), University of Pennsylvania, B.A. (1937) and Har-
vard Law School, J.D. (1940) where he received a merit
scholarship for his third year. He was admitted to the
New York State Bar in September 1940 and was an associ-
ate in two mid-sized law firms until Pearl Harbor, Decem-
ber 7, 1941
Athletics
Personal details
Born Bentley Kassal
February 28, 1917 (1917-02-28)
New York, NY
Nationality American
Political Democrat and Liberal
party
Spouse(s) Barbara Joan Wax Kassal
Alma Townsend Harris High School (1933)
mater University of Pennsylvania B.A. (1937)
Harvard Law School LL.B (1940)
Occupation Litigation Counsel at Skadden, Arps, Slate,
Meagher & Flom (1998-date)
Law School Harvard University, 1940
Military service
Service/ World War II Veteran, three invasions on D-
branch Day at Gela, Sicily, Salerno, Italy and St.
Tropez, France, 30 months overseas,
1942-1945, Bronze Star Medal (1944), French
Legion of Honor Medal (Normandy, 2009)
Bentley Kassal (born February 28, 1917) an attorney, is a
litigation counsel with Skadden, Arps, Slate, Meagher & Harvard Rugby, Randall’s Island Stadium, May 1940
Flom in New York City. He is a retired New York State
Assemblyman, a retired judge of the New York State Kassal was a member of the Townsend Harris High School
Courts, at every level, and a World War II veteran. As an soccer, track and baseball teams. At the University of
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From Wikipedia, the free encyclopedia Bentley Kassal
Pennsylvania, he was on the 150 lb. football team as a North Africa. After three months in an officer replace-
quarterback/line backer until he fractured his left elbow. ment center in Algeria, he was chosen by General George
In 1940, his third year at Harvard Law School, he played Patton’s intelligence officer at the Seventh Army to plan
rugby football as the left wing on Harvard’s undefeated and participate in the D-Day landings at Gela, Sicily,
Eastern League championship team and scored three which he did on the U.S.S. Orizaba, as part of the Second
tries. The following year, 1941, he played the same posi- Armored Division’s initial landing force. Two months lat-
tion on the New York Rugby Club. After World War II, he er, he was chosen to plan and land on D-Day with the
resumed playing tennis, golf and skiing until 1998 when Fifth Army at Salerno, Italy on an LST and he personally
he had a double knee replacement. His original 1940 Har- briefed General Mark Clark on the Salerno beach. After
vard Rugby Jersey is on permanent exhibit at the Harvard the capture of Naples, he again planned air intelligence
Club of New York City together with his French Legion of missions and, especially with President Franklin D. Roo-
Honor Medal Certificate and his photograph with his wife sevelt’s approval, the air bombardment of the Monte-
Barbara at Normandy with President and Michelle Oba- cassino Abbey, occupied by critical German artillery
ma. units which for some period had blocked the infantry’s
passage to Rome. At Cassino, he was assigned to brief
World War II and military General "Hap" Arnold on the military situation at Monte-
cassino.
awards
Kassal enlisted in the U.S. Army Air Forces in January
1942 by volunteering one month after Pearl Harbor and
after six months at Mitchel Field, Long Island, he was as-
signed to the Officer Candidates School in Miami Beach,
Florida, where he met the actor Clark Gable, who was in
the squadron directly next to his. One of his memorable
experiences there was on anti-submarine patrol on the
beach at night to guard against German submarines land-
ing spies. He graduated with honors and was assigned to
Air Combat Intelligence School in Harrisburg, Pennsylva-
nia, again graduating with honors.
Receiving Bronze Star from General Gorden P. Saville, Nancy
France December 1944
After the almost completed conquest of Italy, Kassal
returned from north of Rome to Naples for the D-Day in-
vasion by the Seventh Army at St. Tropez, France on Au-
gust 15, 1944. He personally briefed General Patch. Short-
ly thereafter, he took 17 German soldiers prisoner at
Salon-en-Provence. Although a prisoner, the German
Commander of the prisoners arrogantly declared that
Adolf Hitler and Germany would nevertheless win the
1943 Briefing General Hap Arnold war to which Kassal responded "Did you ever think you
would be taken prisoner by a Jew?" The troops in South-
In the March 15, 1943 edition of Life Magazine, Kassal ern France moved swiftly to the north and through
wrote a letter to the editor that appeared on page 6 won- Alsace-Lorraine where they were caught in the midst of
dering "what formula" enlisted war hero Herman J. F. the Battle of the Bulge and General Patton’s counter-
Bottcher used to "secure his rapid promotion" from the attack. Thereafter, Kassal’s unit quickly moved through
rank of Sgt to Captain in the span of 1 week. The editors Bavaria and was at Augsburg when D-Day was declared.
of Life simply said: "Heroism". Sadly, Bottcher would lat- However, because of his extraordinary intelligence
er be killed in action in Leyte. knowledge of the Luftwaffe, he was assigned to London to
Given his choice of world-wide air intelligence as- prepare for the invasion of Japan since it was anticipated
signments, Kassal, as a second lieutenant, opted for
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From Wikipedia, the free encyclopedia Bentley Kassal
that German pilots would be part of the Japanese air de- On July 16, 2009, he was awarded membership in the
fense. American Society of French Legion of Honor.
He was awarded the Bronze Star Medal, three Bronze
Arrowheads for three D-Day invasion landings and Seven
Campaign ribbons in the European Theatre. He was in
Political and legislative career
the Army Air Forces for 4 years and served overseas for (1946-1962)
30 months in North Africa, Sicily, Italy, France and Ger-
many.
With First Lady Eleanor Roosevelt
Kassals with President & Mrs. Obama after receiving the
Kassal immediately after the war, became very active in
French Legion of Honor Medal, Normandy, France June 2009
liberal causes on the upper West Side of Manhattan, like
the Americans for Democratic Action, the American
Recipient of "Top Secret", highest intelligence classi-
Veterans Committee, the Draft Eisenhower Movement
fication throughout the war as well as intelligence data
(for the Democratic nomination) and the Volunteers for
from the "Ultra Secret" (the result of breaking the Ger-
Stevenson. He also joined the local anti-Tammany Demo-
man code, through "Enigma").
cratic Club and ran and lost in a contested primary for
Discharged December 31, 1945, as Captain and,
the State Assembly (1950). Later, in 1956, he was elect-
presently, a Major, U.S. Air Force, Reserves (Retired).
ed as the first Reform Democrat Assemblyman in the N.Y.
Other contributions of World War II mementos made
State legislature. In 1962, he was in a contested primary
to U.S. Air Force Museum, Wright-Patterson Air Force
against the incumbent Congressman and was unsuccess-
Base, Ohio, including photos of invasions, prisoner of war
ful. He resumed his law practice as a single practitioner
camps, targets and German equipment.
and, in 1969, he was successful in another contested De-
On June 5, 2009, he received the French Legion of
mocratic primary for the Civil Court.
Honor Medal from the French Defense Minister Herve
Morin at Les Invalides in Paris with a ceremony at
Colleville-sur-Mer (Omaha Beach) Normandy where he
and his wife were photographed with President and
Michele Obama on June 6, 2009.
He has given talks about his World War II overseas
experience with photos at the Harvard Club of N.Y. City,
the N.Y. City Bar Association (2009), the Harding Club
at Poughkeepsie, N.Y. (2009) and at Skadden Arps’ New
York offices (2008 and 2009) and Skadden, Arps’ London
office in May 2010.
The Museum of Jewish Heritage in New York City has
several war mementos which he donated for its perma-
nent exhibit "Ours to Fight For." In addition, its exhibit
contains his video oral testimony including the surren-
der of 17 German soldiers in Salon, France. The donat-
ed items include several Nazi daggers and swords and his
two volume hand-written personal diaries. This exhibit
has been shown in several U.S. cities. With NY Gov. Nelson Rockefeller
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From Wikipedia, the free encyclopedia Bentley Kassal
Judicial career (1970-1993)
Serving in the Civil Court of the City of New York for
six years (1970–1976), he was the judge assigned to es-
tablish the Housing Court and he also introduced the
Small Claims Court into the State of Israel. Thereafter,
he served in the N.Y. Supreme Court for six years and
was appointed by Governor Hugh Carey to the Appellate
Division of the Supreme Court, First Department in 1987
where he served for 12 years. During this period, he was
appointed by Chief Judge Sol Wachtler to serve for the
April/May 1985 term at the New York Court of Appeals,
the State’s highest court. Additionally, he acted as a Spe-
cial Judge to try judges for ethical violations and recom-
mended significant sanctions, including removal, for sev-
eral judges.
He has a total of 259 reported decisions. In the appeal
on the America’s Cup Race trial decision, he wrote a dissent
in favor of the New Zealand team based primarily on
sportsmanship, fair play and equity in that, although not
violative of any specific rules, holding that the use by the
United States of a catamaran was contrary to the spirit
of the race since no catamaran had ever been raced pre-
viously and, critically, no catamaran had ever lost to a
With President John Kennedy single-hulled sailboat.
In Morgan v. Morgan, on the basis of equity, fairness
As an Assemblyman, Kassal was regarded as one of the and justice, he ruled in favor of providing maintenance to
most liberal legislators. He is most proud of two achieve- the wife who had supported her husband while he com-
ments: (1) As his assembly district included the Lincoln pleted his legal education and became an attorney. She
Center of the Arts, he introduced and had enacted into had sought similar support while a pre-medical and med-
law the first Arts Council in the United States (which ical student. Although reversed on appeal, shortly there-
he modeled after the Council for the Encouragement of after the Equitable Distribution Law was enacted provid-
the Arts that he first became aware of in England during ing for this form of relief. (Subsequently, she became a
World War II); (2) He was the only legislator to vote doctor and a photo article with Kassal was published in
against the annual re-enactment of the Security Risk the New York Times).
Law, mandating that all state employees execute loyalty In People v. Shelton, his decision, the first to interpret
oaths during the Cold War. As a result, the bill was never the statutory language "Extreme Emotional Disturbance"
re-introduced. in a jury charge as mitigation on a murder charge, was af-
Also see N.Y. Post column by Murray Kempton, April firmed by the Court of Appeals.
29, 1962, "Power House" as to Assemblyman Kassal’s bill In Gordon v. American Museum of Natural History, his
and his debate regarding Con Ed – (to require advance opinion at the Appellate Division, requiring actual or
notice before cut off of electricity). constructive notice of a physical condition as a condition
Listed in "Who’s Who in American Law" and an AV for negligence liability, was affirmed by the Court of Ap-
rating in Martindale Hubbell. peals.
In 1976, as a Civil Court Judge, he decided, in Parkwood
v. Marcano, that a landlord has a duty to mitigate damages
Legal career (1940-1969) upon a tenant’s default, similar to all contract damages.
Except for his four year period of military service, as a This was reversed on appeal.
single practitioner, his specialties were civil litigation, On April 22, 2003, he acted as amicus for Brennan
real estate, estates and matrimonials. His sole criminal Center for Justice (NYU) in filing a brief at the New York
matter was representing Lenny Bruce, the famous come- Court of Appeals supporting stringent ethical rules for
dian, on his arraignment on obscenity charges at Cafe Au Judges.
Gogo in Greenwich Village. During almost this entire pe-
riod, he was a regular guest commentator on radio night
talk shows, first with Barry Gray on WMCA and then with
Long John Nebel on WOR.
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From Wikipedia, the free encyclopedia Bentley Kassal
Current legal activities and Pro bono photographer
committees
Since 1998, he has been a counsel in the litigation depart-
ment at Skadden, Arps, Slate, Meagher & Flom LLP. He
is an arbitrator and mediator, advises attorneys on argu-
ments and appeals, reviews and revises briefs and mem-
oranda, prepares and circulates memoranda on current
litigation topics, engages in moot court arguments, deliv-
ers an annual C.L.E. talk on “Effective Appellate and Tr-
ial Advocacy” and is the annual reporter since 2004 for
the New York State Bar Association Journal on the sub-
ject of appellate statistics, most recently entitled “Did the
Appellate Odds Change in 2008” with the article for 2009
scheduled for publication in the fall of 2009.
Beyond the Bench Exhibition Flyer
A Traphagen Distinguished Alumni Speaker at Har-
vard Law School on three occasions.
Continuing to the present, he has undertaken 81 photo-
In his third five year term on the Advisory Committee
graphic missions throughout the world and covering 158
on Judicial Ethics (Office of Court Administra-
countries. The New York State Bar Association Journal
tion)Committee on Character and Fitness (Appellate Divi-
featured an article about an exhibition of Kassal’s pho-
sion, First Department) Mayor’s Committee on City Mar-
tographs.
shals, Special Master, Pre-Argument Conferences (Appel-
On April 12, 2010, he took photographs at the
late Division, First Department), Lecturer on Active Post-
Statesville, North Carolina Synagogue for the Jewish Her-
Judicial Legal Retirement (Supreme Court Justices and NY
itage Research Center (Syracuse University).
State Bar Association) Annual Article, N.Y.S.B.A. Journal
Among the charitable groups he has taken pho-
on Appellate Statistics, published every year since 2002.
tographs for 17 charities, including Save the Children,
He delivered a talk about his career and 70 years
World Monuments Fund, Human Rights Watch, the Asia
changes in the practice of law at Oxford University Fac-
Society, UNICEF, the International Survey of Jewish Mon-
ulty of Law on May 13, 2010. He and his wife were special
uments, the Coalition for Soviet Jewry, United Jewish Ap-
guests at the Dinner for Legal Academics on May 11, 2010
peal and others.
at the Inner Temple of the Inns of Court in London.
His photos have appeared on numerous occasions in
On May 29, 2010, at Cambridge, the 1940 Harvard un-
the media and his photo for Save the Children remained
defeated Eastern Rugby League championship team was
on its poster for more than ten years. He has also exhib-
honored by the Harvard Rugby Football Club. (His origi-
ited at the City Bar Association and several court houses.
nal 1940 football jersey is on permanent exhibition at the
As recently as June 2009 in Southern France, at the age
Harvard Club of the City of New York).
of 92, he took photos of three synagogues at Nice, Car-
On May 20, 2010, he took photos of the Jewish ceme-
pentras and Cavallion in France and three synagogues in
tery in Oxford and obtained historical data for the Jewish
North and South Carolina. He has had a special photo ex-
Heritage Research Center as to the destruction by floods
hibit at the Save the Children headquarters, "Beyond the
of three synagogues in Bath, England in 1938.
Bench."
On January 9, 2009, the New York City Bar Association
In January 2000, the Association of the Bar of the City
presented as its bi-annual program, "Twentieth Century
of New York presented an exhibition of Kassal’s photog-
Traveler: The Life and Perilous Times of the Hon. Bentley
raphy.
Kassal."
His photograph of the original Buddha Statue is fea-
Testified as an expert witness on New York law, per-
tured in the "Vanishing Histories" published by the
taining to pre-nuptial agreements in London at the High
World Monuments Fund.
Court of Justice in 2003.
On September 11, 2001, from the 48th floor of Skad-
Acted as a neutral arbitrator, appointed by Movie
den’s Times Square office, he photographed the second
Fone in the A.A.A. arbitration Ticketmaster v. Movie
plane crash within minutes after the incident and, two
Fone, in 1996.
days later, he took photos directly at the scene.
Member of the London Court of International Arbi-
trators (2005).
Lecturer at NITA programs (2005).
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From Wikipedia, the free encyclopedia Bentley Kassal
Afgan Boy Soldiers
Exhibition Photo
Pro bono photos published
Buddha Statue in Afghanistan
Tiger’s Nest-Bhutan
Asia Society—February, 1982 "Tiger’s Nest". Tiger’s Nest
in the Himalayan Kingdom of Bhutan, a monastery built
on the side of a sheer cliff.
World Monument Fund—Spring-Summer 2001 issue:
Buddha Statue in Afghanistan". The Buddha Statue was
subsequently destroyed by the Taliban but it is being re-
built by a Basel, Switzerland museum, based upon the
previous photo by Kassal.
New York Observer—June 3, 2002
Save the Children – Poster Child. This photo was tak-
en outside of Beirut, Lebanon during the Christmas holi- Photo of Child used by Save the Children
days when Kassal had one and a half hours during Christ-
mas provided to him by the local representative for pho-
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From Wikipedia, the free encyclopedia Bentley Kassal
tos. This became the official Save the Children poster February 28, 1992 – Article – "Foreign Correspon-
child and remained so for more than twenty years and dence – a Judge’s Odessa File" with photo, discussion of
appeared in N.Y. Times Magazine, Saturday Review Odessa court system with local judges in Odessa
World, Newsweek, Natural History, The New Yorker, March 7, 2003 – "Judges and Politics" supporting the
Times of Israel, National Jewish Weekly and Unitarian rule excluding judges in political activities December 9,
Universalist. 2005 – Article – "Conversations with Bentley Kassal" by
Tom Adcock
Human rights assignments and AM LAW DAILY On June 5, 2009, the AM LAW DAILY
published an article "Skadden’s Bentley Kassal Honored
pro bono activities at 65th Anniversary of Normandy Invasion"
(c) Published Articles by Bentley Kassal
Joint Distribution Committee of the United Jewish Appeal
New York Times – September 10, 1980 – "Problems
(July, 1975) Coalition to Free Soviet Jews (1983 and 1985)
Judges Face" (with Mr. Justice Peter J. McQuillan)(Op-Ed)
International Rescue Committee (1983 and 1986) Human
Rights Watch (1986, 1988 and 1989) Lawyers Committee
on Human Rights (1990) Pro Bono Activities
In 2002, participated in construction of model house Construction of model house at Grand Central Station for
at Grand Central Station for Habitat for Humanity. On Habitat for Humanity (2002)
January 18, 2010, at Hunts Point Middle School and Hyde Presided over moot court for Clinton Public School
Leadership Charter School, he assisted in the construc- (Manhattan) 2009, 2010 and 2011 (Skadden project)
tion of book shelves. Construction of book shelves at Hurits Point Middle
School (January 18, 2002) (Skadden project)
Personal life Painted walls (and photography) at I.S. 292, Brooklyn,
on Martin Luther King Day (January 17, 2011) (Skadden
On June 13, 1986, Kassal married Barbara Joan Wax, a re-
project)
tired Bonwit Teller executive, who had started the S’Fari
At Mass Moca Museum, North Adams, MA on Septem-
Room. They have no children and live on the Upper West
ber 8, 2007 – research and photographs for pro bono liti-
Side of Manhattan in New York City.
gation (Skadden project)
Post-Judicial Retirement Seminars at New York State
Bibliography Bar Association of Supreme Court Justices (2007, 2008 and
2009)
(a) Published Letters to the Editor (All N.Y. Times)
"Out the Door but Not Over the Hill" – N.Y. State Bar
August 17, 2000 – "60 Years of Progress" (nomination
Association program (Albany and N.Y. City), May 6 and
of Joseph L. Lieberman for Vice-President)
14, 2008
October 18, 2001 – "The War Over There"
Mentor at Harvard Law School Connect – for students
August 25, 2002 – "Another Dirty Trick" (Sports Sec-
and graduates (2011)
tion)
New York County Lawyers Association – Task Force
March 7, 2003 – "Judges and Politics"
on Transitioning and Unemployed Lawyers (2011)
October 16, 2003 – "The Pledge: Recite or Rewrite?"
Donated 69 pints of blood to New York Blood Center
December 25, 2003 – "Lenny Bruce, Vindicated at
On April 21, 2003, on behalf of the N.Y.U. Brennan
Last"
Center for Justice, presented amicus brief to Court of Ap-
April 3, 2006 – "Mandatory Retirement Age for
peals upholding the N.Y. Canons of Judicial Ethics
Judges"
(b) Articles About Bentley Kassal
Knickerbocker Times – March, 1960, "voted one of the Human Rights Assignments
10 best dressed State legislators"
World Monuments Fund – Afghanistan (1971) Joint
New York Times – "Focusing on the Children of the
Distribution Committee of the United Jewish Appeal (Ju-
World" – October 2, 1981 by Judge Klemesrud
ly, 1975) Coalition to Free Soviet Jews (1983 and 1985)
New York Times – February 21, 2010, "Senior Counsel,
International Rescue Committee (1983 and 1986) Human
Very Senior Counsel" (Metropolitan Section)
Rights Watch (1986, 1988 and 1989) Lawyers Committee
"Controversial Alimony Case Ends Happily with a De-
on Human Rights (1990)
gree (Morgan v. Morgan) by Georgia Dullea
New York Law Journal –
July 26, 2002 – "Short Note for Review in Lawyers
Bookshelf" pertaining to "The Courage of Strangers" by
Jeri Laber
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From Wikipedia, the free encyclopedia Bentley Kassal
Professional Committees and External links
Bar Associations • Featured in a New York Times article, Sunday
February 21, 2010 about lawyers still working in
Committee on Character and Fitness (1993 – present) their 80’s and 90’s
Advisory Committee on Judicial Ethics (1993 – pre- • Featured in the Harvard Law Bulletin, Winter 2010
sent)
Persondata
Mayor’s Committee on City Marshals (1993 – present)
Special Master, Pre-argument Conferences – Appel- Name Kassal, Bentley
late Division, Supreme Court, First Dep’t. (1993 – present) Alternative names
Association of the Bar of the City of New York (1953 – Short description
present)
Date of birth February 28, 1917
New York State Bar Association (2000 – present)
Entertainment Committee – City Bar Association Place of birth New York, NY
(1975 – present) Date of death
Place of death
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Categories:
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• New York Democrats
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