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Heath B. Kushnick has more than thirty years of experience representing prominent commercial owners, national corporations, managers and developers in commercial real estate litigation and leasing. He focuses his litigation practice on commercial lease litigation, mortgage foreclosures, and real estate bankruptcies. He also represents real estate firms in all aspects of their use, management and operation of commercial real estate.


  • Commercial litigation
  • Commercial leasing
  • Mortgage foreclosures
  • Real estate bankruptcy
  • Real estate management and operations
  • Commercial lease disputes and litigation
  • Lease restructurings and workouts
  • Fair market value and operating expense arbitrations
  • Construction and mechanic’s lien litigation
  • Partnership disputes
  • Hotel and resort litigation
  • Vendor disputes
  • Insurance coverage issues
  • Real estate brokerage disputes



  • 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 prominent lenders and borrowers in connection with mortgage defaults and foreclosure actions.
  • Represents national retailers in connection with lease portfolio management and strategic store closings.
  • Represents commercial landlords as creditors in various bankruptcy proceedings including Revlon, Cineworld Group, Avaya, Regus, Toys-R-Us, Aerosoles, Dean & Deluca, A&P, Sugarfina, Crumbs Bake Shop, Papyrus, Cosi, Sharper Image, Circuit City, Modell’s, Crabtree & Evelyn, LandAmerica Financial Group, Worldcom, Petroleum Geo-Services, M. Fabrikant & Sons, Europe Craft Imports, Metromedia Fiber Network, Adelphia Business Solutions and several 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 & Partners USA Real Estate Law Firm of the Year, 2017, 2018, and 2022
  • 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, and 2022
  • 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