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Dan Ansell is Co-Chair of the US Real Estate Litigation Practice and the Founder and National Chair of the Real Estate Operations Group ("REOPS"). Dan represents real estate owners, managers, tenants, lenders, and borrowers nationally in a wide variety of matters including real estate litigation, commercial lease disputes, loan workouts and litigation, office, retail and industrial leasing, bankruptcy proceedings, class actions, construction and ADA issues, lending transactions and disputes, and high stakes State and Federal Court litigation.

In the year 2000, Dan created REOPS to better serve the day-to-day needs of the real estate industry. This department incorporates and cross-trains attorneys in several legal disciplines critical to the ownership and operation of real estate including leasing, lease litigation and real estate bankruptcy. REOPs provides an integrated approach to legal issues in property ownership and management and has grown to more than 50 attorneys in offices across the United States. The department handles matters nationwide and is capable of handling multi-faceted issues without redundant involvement from other departments.

Throughout his career, Dan has represented clients in major real estate transactions and litigations. For example, in 2006 he represented Metropolitan Life Insurance Company ("MetLife") in the sale of Peter Cooper Village and Stuyvesant Town ("PCV/ST") for $5.4 billion - reported to be one of the largest real estate sales in U.S. history. Subsequent to the sale, Dan represented MetLife in Roberts v. Tishman Speyer Properties, L.P., et al., a highly publicized case that was ultimately argued at the New York State Court of Appeals and settled successfully. In 2020, Dan represented a Fortune 100 company in the closure of more than 80 retail locations. In 2021, Dan was lead counsel for the owner in HWA 555 Owners, LLC v. RGN-San Francisco XXIV, LLC in San Francisco Superior Court. After trial, the Court issued a declaratory judgment in the owner’s favor holding that the tenant’s purported termination of a $120 million lease obligation was invalid. In 2023, the California Court of Appeal affirmed trial court decision.

Concentrations

  • Real estate litigation and arbitration
  • Commercial loan disputes, workouts, and litigation
  • Construction litigation
  • Office, retail, and industrial leasing
  • Real estate bankruptcy issues and litigation
  • Real estate brokerage commission disputes
  • Complex commercial litigation
  • Appellate practice
  • Letters of credit and suretyship issues
  • Hotel and resort litigation
  • Insurance disputes
  • Environmental disputes
  • Building security issues
  • Americans with Disabilities Act (ADA) 
  • Real estate transaction due diligence
  • Catastrophe planning and response

Capabilities

Experience

  • HWA 555 Owners, LLC v. RGN-San Francisco XXIV, LLC, California Court of Appeal, First District, First Division, No. A163137 (January 31, 2023). Prevailed on appeal of judgment after trial finding that tenant wrongfully terminated $120M commercial lease.
  • HWA 555 Owners, LLC v. RGN-San Francisco XXIV, LLC, Superior Court of California, County of San Francisco, Case No. CGC-19-580236 (May 11, 2021). Prevailed at trial and obtained ruling finding that tenant wrongfully terminated $120M commercial lease.
  • P62 LLC v. WFP Retail Co. L.P., Sup. Ct. N.Y. Co., Index No. 650649/2018 (judgment entered following bench trial dismissing multimillion-dollar breach of contract claims against client and awarding judgment on counterclaims).
  • Ansonia Commercial, LLC v. Gristede’s Foods, Inc., 2016 NY Slip Op 50937(U) (A.T. 1st Dep’t) (successfully appealed Civil Court’s determination that landlord could maintain nonpayment proceeding on basis of written demand not served in accordance with RPAPL).
  • 520 Madison Owners, L.L.C. v. VH Madison, Inc. & Victor Hugo, Sup. Ct. N.Y. Co., Index No. 161939/2014 (judgments in excess of one million dollars entered against commercial tenant and individual guarantor for rent arrears, post-eviction damages and attorneys’ fees).
  • J. Clarke’s on the Hudson, LLC v. WFP Retail Co. L.P., Sup. Ct. N.Y. Co., Index No. 155617/2014 (tenant’s multimillion-dollar claims arising from landlord alterations and construction settled).
  • 300 Park Avenue, Inc. v. Café 49, Inc., 89 A.D.3d 634, 933 N.Y.S.2d 274 (1st Dep’t 2011) (rejecting lease guarantor’s argument that he had satisfied “good guy” conditions of guaranty and affirming a judgment of approximately $1 million against the guarantor and commercial tenant for rent arrears, post-eviction damages and attorneys’ fees).
  • New Stadium LLC v. Greenpoint-Goldman Corp., 2010 N.Y. Slip Op. 30869(U), 2010 WL 1637087 (Sup. Ct. N.Y. Co. 2010) (summary judgment granted following completion of discovery dismissing $50 million tortious interference claims asserted against owner of commercial property by former proposed assignee of ground lease).
  • 457 Madison Ave. Corp. v. Lederer De Paris, Inc., 51 A.D.3d 579, 859 N.Y.S.2d 135 (1st Dep't 2008) (affirming a multi-million dollar judgment against a commercial tenant and its guarantors for rent arrears, late fees and attorneys' fees due to the landlord and declaring that the tenant failed to exercise its lease renewal option).
  • L’Art De Jewel Ltd. v. Hudson Sheraton Corp. LLC, 46 A.D.3d 418, 850 N.Y.S.2d 3 (1st Dep’t 2007) (reversing the lower court’s award of summary judgment to a commercial tenant that sued its landlord for a purported breach of an exclusivity provision contained in the tenant’s lease and dismissing the claim in its entirety).
  • Vanderbilt Holdings, LLC v. Greenpoint-Goldman Corp., Ct. N.Y. Co., Index No. 107408/05, Order entered 7/18/07 (summary judgment granted to a ground lessee directing specific performance of the fee owner’s obligation to consent to an assignment of the ground lessee’s interest in the lease).
  • 457 Madison Ave. Corp. v. Lederer De Paris, Inc., 2006 N.Y. Slip Op. 51164(U), 2006 WL 1747429 (A.T. 1st Dep’t 2006) (affirming a commercial landlord’s right to litigate its rent claims in a plenary action before the Supreme Court).
  • Represented clients in several transactions including the representation of MetLife in the sale of Peter Cooper Village and Stuyvesant Town for $5.4 billion (October 2006). The New York Times called the transaction the largest real estate deal in U.S. history.
  • Andrews 44 Coffee Shops Inc. v. TST/TMW 405 Lexington, L.P., Ct. N.Y. Co., Index No. 603952/04, Order dated 2/23/06 and Judgment entered 4/19/06 (summary judgment granted to a commercial landlord dismissing in its entirety the tenant’s action for a permanent injunction prohibiting the landlord from implementing security measures and seeking damages based upon the landlord’s alleged breaches of lease).
  • Nestor v. Britt, 270 A.D.2d 192, 707 N.Y.S.2d 11 (1st Dep’t 2000) (affirming an award of attorneys’ fees to the prevailing party).
  • Nestor v. New York State Div. of Hous. and Community Renewal, 257 A.D.2d 395, 683 N.Y.S.2d 74 (1st Dep’t 1999) (affirming a tenant’s right to intervene in an Article 78 proceeding between the landlord and DHCR and the subsequent dismissal of the landlord’s petition).
  • Represented lenders in commercial loan disputes including workouts, deeds in lieu and foreclosure proceedings.
  • Represented international companies in bankruptcy proceedings including lease and real estate auctions.
  • Represented lenders and borrowers in commercial loan negotiations and workouts.
  • Represented international retailers in “all stores” closure and resolution of long-term lease liabilities.
  • Resolved buyout of retail tenant’s multimillion-dollar end-of-term lease obligations.
  • Defended commercial landlord in construction arbitration wherein tenant sought more than $80 million in liquidated damages resulting from landlord’s alleged failure to timely complete work.
  • Represented international hotel company in connection with third-party discovery obligations in nationwide class-action lawsuits and municipal tax actions.
  • Represented international hotel company in termination of commercial leases and eviction of tenants at locations nationwide.
  • Represented international corporation and property owner in multi-party environmental contamination dispute.
  • Recovered vacant possession of stores in commercial shopping center to facilitate development of the site by a national retail company.
  • In re Aerogroup International, Inc./Aerosoles, No. 17-11962 (Bankr. Del.)
  • In re Avaya Inc., 23-90088 (Bankr. S.D.Tex.)
  • In re Cineworld Group PLLC, 22-90168 (Bankr. S.D.Tex.)
  • In re Circuit City Stores, Inc., 08-35653 (Bank. E.D.Va.)
  • In re Cosi, Inc., 20-10417 (Bankr. Del.)
  • In re Crabtree & Evelyn Ltd., 09-14267 (Bankr. S.D.N.Y.)
  • In re Crumbs Bake Shop, Inc., 14-24287 (Bankr. N.J.)
  • In re Dean & Deluca New York, Inc., No. 20-10916 (Bankr. S.D.N.Y.)
  • In re LandAmerica Financial Group, Inc., 08-35994 (Bank. E.D.Va.)
  • In re Modell’s Sporting Goods, Inc., 20-14179 (Bankr.N.J.)
  • In re Overseas Shipholding Group, Inc., 12-20000 (Bankr. Del.)
  • In re Revlon, Inc., 22-10760 (Bankr. S.D.N.Y.)
  • In re RGN-Group Holdings, LLC (Regus), 20-11961 (Bankr. Del.)
  • In re SFP Franchise Corporation/Papyrus, 20-10134 (Bankr. Del.)
  • In re Sharper Image Corporation, No., 08-10322 (Bankr. Del.)
  • In re Sugarfina Inc., No. 19-11973 (Bankr. )
  • In re The Great Atlantic & Pacific Tea Company, Inc., 10-24549 (Bankr. S.D.N.Y.)
  • In re Toys “R” Us, Inc., 17-34665 (Bankr. E.D.Va.)

Recognition & Leadership

  • Listed, The Best Lawyers in America, Litigation - Real Estate, 2018-2025
  • Team Member, U.S. News - Best Lawyers®, Best Law Firms Edition, "Law Firm of the Year," Real Estate - Litigation, 2017 and 2022
  • Team Member, Chambers & Partners USA Real Estate Law Firm of the Year, 2017-2018, 2022 
  • Listed, Super Lawyers magazine, New York Metro Super Lawyers, 2007-2024
  • Named, Client Service All-Star, BTI Client Service All-Stars Report, 2015
  • Member, Winning Team, U.S. News - Best Lawyers® "Law Firm of the Year" in Bankruptcy & Creditor Debtor Rights / Insolvency & Reorganization Law and Litigation – Bankruptcy, 2013
  • Team Member, The Legal 500 United States, "Top Tier" Firm in Real Estate, 2013
  • Team Member, a Law360 "Real Estate Practice Group of the Year," 2011-2012, 2022 and 2023
  • Team Member, a Law360 “Appellate Practice Group of the Year,” 2010 and 2011
  • Member, Winning Team, Chambers USA Award, Excellence in Real Estate, 2010
  • Rated, AV Preeminent® 5.0 out of 5.0

°AV®, AV Preeminent®, Martindale-Hubbell DistinguishedSM and Martindale-Hubbell NotableSM are certification marks used under license in accordance with the Martindale-Hubbell® certification procedures, standards and policies.

  • Member, New York County Lawyers Association
  • Member, Association of the Bar of the City of New York
  • Advisory Board, Center of Hope (Haiti), Inc.

Credentials

Education
  • J.D., State University of New York at Buffalo Law School, 1986
  • B.A., Binghamton University, State University of New York, 1983
    • Highest Honors in History
    • Phi Beta Kappa
    • Award for Distinguished Work in History
Admissions
  • Connecticut
  • New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York