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Judge Bentley Kassal
Bentley Kassal, BentleyKassal.JPG
Personal details
Born (1917-02-28)February 28, 1917
New York City
Died December 16, 2019(2019-12-16) (aged 102)
Nationality American
Political party Democrat and Liberal
Spouse Barbara Joan Wax Kassal
Alma mater
Occupation Litigation Counsel at Skadden, Arps, Slate, Meagher & Flom (1998 to date)
Law School Harvard University, 1940
Military service
Branch/service
  • World War II veteran
  • Present at invasions of Gela, Sicily, Salerno, Italy, and St. Tropez, France
  • served 30 months overseas (1942–1945)
  • Bronze Star Medal (1944)
  • French Legion of Honor (Normandy, 2009)

Bentley Kassal (February 28, 1917 – December 16, 2019) was a well-known lawyer and judge from New York City. He was also a veteran of World War II. After his military service, he became a member of the New York State Assembly and later served as a judge in New York State courts at every level. In his younger years, he was a talented rugby football player. He was married to Barbara Joan Wax Kassal.

Bentley Kassal's Early Life

Bentley Kassal was born in Harlem, Manhattan, New York City, on February 28, 1917. His parents, Pauline Nirenberg Kassal and Hyman Kassal, were from Poland and Austria.

He went to Public School 86 in the Bronx and graduated in 1930. He then attended Townsend Harris High School in Manhattan, graduating in 1933. Kassal continued his education at the University of Pennsylvania, earning his bachelor's degree in 1937. He then went to Harvard Law School, where he earned his law degree in 1940. He even received a special scholarship for his third year there. In September 1940, he became a licensed lawyer in New York State. He worked at two law firms before the United States entered World War II.

A Champion Athlete

Bentley Kassal was very active in sports during his school years. At Townsend Harris High School, he played soccer, track, and baseball. At the University of Pennsylvania, he played on the 150-pound football team as a quarterback and linebacker until he injured his elbow.

In 1940, while at Harvard Law School, he played rugby football. He was a left-wing on Harvard's team, which won the Eastern League championship without losing a single game. He scored three "tries" (like touchdowns in rugby). In 1941, he played for the New York Rugby Club. After World War II, he enjoyed playing tennis, golf, and skiing until 1998. His original 1940 Harvard Rugby Jersey is now on display at the Harvard Club of New York City. You can also see his French Legion of Honor medal and a photo of him and his wife, Barbara, with President and Michelle Obama at Normandy.

Serving His Country in World War II

Kassal joined the U.S. Army Air Forces in January 1942. He trained at Officer Candidate School in Florida and the Air Combat Intelligence School in Pennsylvania, graduating with honors from both.

As a second lieutenant, Kassal was sent to the Mediterranean area. He helped plan and took part in important D-Day landings. He landed with the U.S. 2nd Armored Division at Gela, Sicily. Two months later, he helped plan and land with the Fifth United States Army at Salerno, Italy. He even briefed General Mark W. Clark on the beach. After capturing Naples, he planned more air intelligence missions. He also helped plan the air attack on the Montecassino Abbey in Italy, which was being used by German forces.

When the war in Italy was almost over, Kassal returned to Naples. He then joined the Seventh United States Army for the invasion at St. Tropez, France, on August 15, 1944. He briefed General Patch there. Soon after, he accepted the surrender of seventeen German soldiers. His unit then moved north through France and was involved in the Battle of the Bulge. Later, his unit moved through Bavaria, Germany. Because he knew a lot about the German air force (Luftwaffe), Kassal was sent to London to prepare for the invasion of Japan.

Kassal received the Bronze Star Medal for his three invasion landings. He also earned seven Campaign ribbons for his service in Europe. He had the highest intelligence clearance, "Top Secret." He served in the Army Air Forces for four years, spending 30 months overseas in North Africa, Sicily, Italy, France, and Germany. He was discharged on December 31, 1945, as a captain. He later became a major in the U.S. Air Force Reserves.

On June 5, 2009, he received the French Legion of Honor from the French Defense Minister in Paris. There was also a ceremony at Colleville-sur-Mer (Omaha Beach) in Normandy. He and his wife were photographed there with President and Michelle Obama on June 6, 2009.

Kassal gave talks about his World War II experiences at various places, including the Harvard Club and the New York City Bar Association. He also donated many war items to the Museum of Jewish Heritage in New York City for their exhibit "Ours to Fight For." These items included his personal diaries and video testimony. He also gave photos of invasions and German equipment to the U.S. Air Force Museum in Ohio.

A Career in Politics

After the war, Kassal became involved in political groups that supported progressive ideas, like the Americans for Democratic Action. He joined a local Democratic Club and ran for the State Assembly in 1950, but he did not win that time.

He was a member of the New York State Assembly from 1957 to 1962. During his time as an assemblyman, Kassal was known for his very progressive views. His district included the Lincoln Center of the Arts, and he helped create the first Arts Council in the United States. He was the only lawmaker to vote against a law that required all state employees to take loyalty oaths during the Cold War. Because of his vote, the law was never brought back.

In 1962, he ran for Congress but lost. He then went back to working as a private lawyer. In 1969, Kassal won the Democratic primary for a seat on the New York City Civil Court.

His Work as a Lawyer

As a private lawyer, Bentley Kassal focused on civil lawsuits, real estate, and family law. He also appeared as a guest commentator on radio talk shows with Barry Gray and Long John Nebel.

Becoming a Judge

Bentley Kassal served as a judge in the Civil Court of the City of New York for six years (1970–1976). He was the judge chosen to set up the Housing Court. He also helped introduce the Small Claims Court system in Israel.

He then served in the New York Supreme Court for six years. In 1987, Governor Hugh Carey appointed him to the Appellate Division of the Supreme Court, where he served for 12 years. During this time, he was also appointed by Chief Judge Sol Wachtler to serve for a term at the New York Court of Appeals, which is the highest court in the state. He also acted as a special judge to hear cases about ethical problems involving other judges.

Judge Kassal made many important decisions during his time on the bench. He wrote a famous dissenting opinion (a disagreement with the majority decision) in the appeal of the America's Cup yacht race. He argued that using a catamaran (a boat with two hulls) by the United States team went against the spirit of fair play, even if it didn't break specific rules.

In another case, Morgan v. Morgan, he ruled that a wife who supported her husband through law school should receive financial support while she pursued her own medical education. Even though his decision was later overturned, a new law called the Equitable Distribution Law was soon passed, which helped people in similar situations.

In People v. Shelton, his decision was the first to explain the legal term "Extreme Emotional Disturbance" in a murder case, which could reduce the charge. This decision was upheld by the Court of Appeals. In 1976, he ruled that landlords have a duty to reduce their losses if a tenant breaks a lease.

Later Career and Activities

From 1998, Bentley Kassal worked as a counsel in the litigation department at Skadden, Arps, Slate, Meagher & Flom LLP, a major law firm. He also wrote an annual report for the New York State Bar Association Journal about appellate statistics.

He was a member of several important legal committees, including the Advisory Committee on Judicial Ethics. He also gave talks about his long legal career at places like Harvard Law School and Oxford University in England.

In 2010, the 1940 Harvard undefeated Eastern Rugby League championship team was honored, and Kassal's 1940 football jersey was put on permanent display at the Harvard Club in New York.

He also testified as an expert witness on New York law in London in 2003. He was a neutral arbitrator in a case between Ticketmaster and Movie Fone. He was also a member of the London Court of International Arbitrators.

A Photographer for Good Causes

Bentley Kassal was also a dedicated photographer who traveled the world. He completed 81 photography missions, visiting 158 countries. The New York State Bar Association Journal even featured an article about an exhibition of his photographs.

He took photos for 17 different charities, including Save the Children, World Monuments Fund, Human Rights Watch, UNICEF, and United Jewish Appeal. His photos appeared in many publications and media outlets. One of his photos for Save the Children was used on their poster for over ten years. He also had special photo exhibits, including "Beyond the Bench."

On September 11, 2001, from his office on the 48th floor of Skadden's building in Times Square, he photographed the second plane crash as it happened. He took more photos at the scene two days later.

Published Photos for Charity

Some of his notable pro bono (for free, for public good) photos include:

  • A photo of the Buddha Statue in Afghanistan for the World Monument Fund in 2001. This statue was later destroyed by the Taliban, but it is being rebuilt using Kassal's photo as a guide.
  • "Tiger's Nest" for the Asia Society in 1982, showing a monastery built on a cliff in Bhutan.
  • His famous "Poster Child" photo for Save the Children, taken outside of Beirut. This image became the official Save the Children poster for more than twenty years and appeared in many magazines.

Helping Others and Human Rights

Kassal was involved in many human rights activities and pro bono work. He participated in building a model house for Habitat for Humanity in 2002. He also presided over mock court sessions for public school students and helped build bookshelves at a middle school.

He was involved with groups like the Joint Distribution Committee of the United Jewish Appeal, the Coalition to Free Soviet Jews, the International Rescue Committee, and Human Rights Watch. He also donated 69 pints of blood to the New York Blood Center.

Personal Life

On June 13, 1986, Bentley Kassal married Barbara Joan Wax. They lived in Manhattan and did not have children. He lived to be 102 years old, passing away in December 2019.

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