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Heath B. Kushnick has represented prominent commercial real estate firms in connection with their use, management and operation of commercial real estate since 1993.


  • Commercial litigation
  • Lease enforcement
  • Ownership representation in bankruptcy court
  • Hotel and resort litigation
  • Commercial landlord/tenant litigation
  • Commercial leasing
  • Lease restructurings and workouts
  • Construction and mechanic’s lien litigation
  • Ownership representation in vendor disputes
  • Insurance coverage issues
  • Real estate brokerage disputes
  • Mortgage foreclosures



  • Provides day-to-day counseling to commercial real estate owners on various operational issues.
  • Represents commercial landlords in lease disputes, lease defaults, letters of credit and security issues.
  • Represents commercial landlords in lease transactions and in connection with options, notices and lease enforcement issues.
  • Represents commercial landlords as creditors in various bankruptcy proceedings including Sharper Image Corp., Circuit City, Inc., Crabtree & Evelyn Ltd., LandAmerica Financial Group, Inc., Worldcom, Inc., Petroleum Geo-Services ASA, M. Fabrikant & Sons, Inc., Europe Craft Imports, Inc., Metromedia Fiber Network, Inc., Adelphia Business Solutions and others.
  • Represents real estate companies in connection with American's with Disabilities Act (ADA) compliance issues and in defense of ADA Titles II & III litigations.
  • Represents commercial property owners in connection with mechanic’s lien disputes and in defense of mechanic's lien foreclosure actions.
  • Represents owners in connection with real estate brokerage disputes. 
  • Represented major commercial tenant in toxic mold litigation.
  • Represented major commercial landlord in multi-million dollar construction litigation.
  • Represented prominent commercial landlord in various lease and insurance disputes resulting from collapse of a portion of building.

Recognition & Leadership

  • 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 USA Award for Excellence, Real Estate, 2017-2018
  • 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 and 2012
  • Member, Winning Team, Chambers USA Award for Excellence, Real Estate, 2010
  • Member, New York State Bar Association
  • Member, New York County Lawyers Association
  • Regularly lectures to executives, asset managers, property managers and legal departments on various legal issues including owner’s rights in connection with tenant bankruptcies, mechanic’s liens and property management.


  • J.D., cum laude, Benjamin N. Cardozo School of Law, Yeshiva University, 1992
    • Member, Cardozo Law Review
  • B.S., Business Administration, The George Washington University, 1989
  • New York
  • District of Columbia
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York