Hon. Tanya R. Kennedy
Black History Month

Hon. Tanya R. Kennedy is an Associate Justice of the Appellate Division, First Judicial Department of New York. Prior to her appointment, Justice Kennedy served as a Justice of the Supreme Court, New York County.

Justice Kennedy is an active member of the community. She is a member of the New York City Bar Association’s Board of Directors, an Executive Committee member of the Women in Law Section of the New York State Bar Association (NYSBA), and a life member of the Metropolitan Black Bar Association.

Justice Kennedy has received numerous professional awards, such as the 2021 NYSBA John E. Higgins, Esq. Diversity Trailblazer Award and the 2017 Diversity Leadership Award from Penn State Law. We are honored to feature her for Black History Month.

Tell us about your community growing up. Looking back, how did they shape who you are now?

I am the product of the New York City public school system and a single-parent household whose mother worked two jobs during my early childhood and made several sacrifices to ensure that I knew life existed beyond the Bronx (which is affectionately known as the birthplace of hip-hop), where I grew up.

I was known as a latchkey kid who returned home from school with a key and stayed alone until my mother arrived home from work. When I came home, there was usually a can of Chef Boyardee brand Ravioli or Spaghetti O’s or a box of Mrs. Paul brand fish sticks for me to warm up and eat until my mother returned to cook dinner.

I am forever grateful to my 83-year-young, fashionable, and vibrant mother, a woman of faith who came from humble beginnings and enrolled and excelled in various professional development courses to advance from an entry-level position at American Express to a senior executive customer relations representative in the chairman’s office who traveled throughout the U.S. and world to train other employees in customer service protocols.

My mother and my deceased maternal grandmother served their community and church, and I followed that tradition. These women also instilled in me the importance of faith, community, education, and possessing a strong sense of self. I am also fortunate to have an extended support network, which includes the church, that continues to encourage, support, and challenge me.

Describe your journey to law school. What motivated you to apply?

I attended Penn State University, majored in Advertising, and was fortunate to secure internship opportunities at Burson-Marsteller, a renowned public relations firm in New York, and in the external affairs department at Dupont in Wilmington, Delaware. Although I wanted to be an attorney since childhood, my initial plan was to make my mark on Madison Avenue in advertising/public relations/fashion and then attend law school. However, I accelerated my plan to apply to law school when I could not obtain a job. I was accepted to Villanova Law School because I was in a romantic relationship with a Pennsylvania resident whose sister was an alum there. However, once that relationship ended, I thought it best to attend law school in New York, where I had a support network. I was wait-listed for NYU Law and accepted to Cardozo Law, where I attended, to pursue a career in public service.

What was your law school experience like?

Although the Black community at Cardozo was relatively small, I did not feel isolated since New York City was and remains a melting pot of various cultures and ethnicities. I also felt supported by my professors and staff, enjoyed an extensive community network outside of Cardozo, participated in Cardozo’s Black Law Student Association, and established relationships with certain classmates, which I cherish today and affectionately call one of my classmates, who is not a person of color, my sister.

I particularly enjoyed my Real Estate Law Reporter course with Professor Stewart E. Sterk and still possess, as notable mementos, the case comments I drafted, which were published. I also enjoyed participating in various clinics and internships, which enabled me to obtain practical experience and establish and cultivate a professional network.

Since becoming a judge, I have enjoyed serving as an adjunct professor at Fordham University School of Law, as the current Presiding Member of the Judicial Section of the New York State Bar Association, a member of the Board of Overseers at Cardozo Law, a Past President of the National Association of Women Judges, as well as participating in other legal and community-based organizations. I believe that it is crucial for judges to be active in their communities to remain relevant and to keep their finger on the pulse of the human condition.

Did you know about appellate work in law school? If not, when and how did it first get on your radar and why were you drawn to it?

I was fortunate to participate in the New York City Law Department, Office of the Corporation Counsel Appellate Extern Program, where I assisted attorneys with researching and drafting two (or three) appellate matters. I still possess at least one copy of these appellate briefs as another precious memento from my law school career. My name appears as a law student on the brief, and I was proud then and remain so today of that fact.

However, I did not consider becoming an appellate judge until an attorney approached me during a bar association event. We were both panelists, and the attorney asked if I had considered applying to my current court. I answered honestly, “No,” because I never saw myself in that role. The attorney mentioned that my name came up in a conversation, and they wished to introduce me to someone who encouraged me to apply during a lunch meeting. I left that meeting inspired and determined to apply, and I am happy to say that July 2025 will be five years since I joined this esteemed court.

This example illustrates the importance of joining and participating in bar associations because, as I always say, “opportunities happen when you show up.”

Tell us about one of your appellate cases that you found particularly meaningful.

I recently authored a decision in Newson v Vivaldi Real Estate Ltd., 2025 WL 36856 (January 7, 2025), where, on a matter of first impression, the court held that landlords could be held vicariously liable under the NYC Human Rights Law (City HRL) for discriminatory actions committed by their real estate agents. The decision emphasized the law’s broad and remedial purpose to prevent housing discrimination and ensure equal access to housing opportunities. By affirming landlords’ responsibility for their agents’ conduct, the court reinforced the City HRL’s commitment to addressing systemic biases and protecting vulnerable communities from unlawful housing practices.

How often do you encounter Black people in the appellate field? Why do you think that representation is important?

It is rare for Black attorneys, or any attorneys of color, to appear before the court for oral argument. However, when these attorneys appear, I feel proud because they usually do a stellar job presenting cogent arguments and skillfully answering questions from bench members.

When lawyers from diverse backgrounds argue before appellate courts, they bring multiple lived experiences and insights into the courtroom. In addition, when diverse attorneys from different backgrounds appear before appellate courts, the judicial decision-making process becomes more inclusive, which promotes public trust in the judicial system and reinforces the credibility of the entire justice system.

Lastly, when students and young attorneys see people who look like them or share similar backgrounds and experiences arguing before appellate courts, it signals they can do the same. However, the absence of diversity perpetuates the false notion that certain practice areas are considered elite and unattainable. I always say, “To be it, you have to see it.”

What advice would you give to a law student of color who aspires to be where you are now?

I wish to share excerpts from my 2019 commencement address to Penn State Law graduates, which I often use during remarks at admissions ceremonies for new court attorneys at the court.

To borrow from the legendary comedian David Letterman, here are six tips from Justice Kennedy’s Top Ten List, which are in no particular order:

One, mentors and sponsors are important, and you must know the difference. Mentors will provide guidance, motivation, emotional support, and information about your career path. They also help you set goals, provide contacts, and identify resources. Sponsors are those persons who have the power and influence to advance your career and will advocate on your behalf when you are not in the room.

Two, be nice and keep your ego in check. Although it is essential to produce an excellent work product and to be viewed as a competent professional, workplace relations are essential. You will not move forward in your respective careers if you are not likable. Power, coupled with a lack of character, breeds contempt. Being a judge, lawyer, corporate or not-for-profit executive, business owner, CEO, educator, elected official, and the like is an honor and privilege. However, this power must be tempered with humility. Don’t be too impressed with yourself. You are a person before your title. Don’t let your title consume you because titles come and titles go.

Three, remember to adhere to high ethical standards. You will be required to observe and abide by rules of conduct to fulfill your professional responsibilities and preserve the dignity and respect of the legal profession.

Four, the love of money is the root of all evil – don’t fall prey. Some of you may primarily focus on earning a high income; there is nothing wrong with that. You need money to survive. You must pay back your law school loans, maintain a roof over your head, have the necessities, and enjoy the pleasantries of life from time to time. But don’t sell your soul and compromise your values and sense of self to add a few more dollars to your bank account. Your law degree is an asset. Protect it, treasure it, nurture it.

Five, be grateful. Receiving a degree is a privilege. As a person with privilege, you should give back and pass it forward - whether that is lending your skills to a bar or community-based association, law school, mentoring the youth and speaking with them about law school and the legal profession, or taking a stand on the issues of the day and furthering the pursuit of justice.

Six, remember to take time for yourself and cherish your friends and families. Self-care is essential to your professional success. The airline attendant always instructs us to place our oxygen masks on first before we assist others. This same instruction should guide your everyday lives. It is also essential to have a trusted circle – those you can lean on and let your hair down. Try to find a balance between work, life, and play. And if you believe in a higher power, call on that higher power to anchor and to sustain you.

Due to space limitations, I have not listed the remaining four tips.

What’s one thing law schools and/or the appellate bar can do to ensure our highest courts are representative of all our communities?

I suggest outreach to historically black colleges and universities (HBCUs) and not limiting recruitment efforts to the Ivy League and T-14 schools. Excellence exists beyond the Ivy League and the T-14 schools, and we must expand our vision of what excellence looks like. The pipeline must start at elementary schools where underrepresented persons are exposed to all facets of the legal profession, including appellate practice. Lastly, every facet of the legal profession, including law schools, courts, bar associations, law firms, and legal organizations, can create training programs to nurture talent. The key is to open the door and provide an opportunity.