Daniel J. Ansell

Daniel J. Ansell

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Daniel J. Ansell is Co-Chair of the Real Estate Litigation Practice and Chairs the Real Estate Operations Practice. Daniel represents real estate firms, property management companies, financial institutions, corporations, hotels and insurance companies in connection with their use, management and operation of commercial real estate. He has represented clients in real estate litigation, commercial lease disputes, bankruptcy proceedings, construction and Americans with Disabilities Act (ADA) issues, leasing, brokerage disputes and high stakes state and federal court litigation. Daniel also represents owners in environmental disputes, telecommunication issues, zoning and land use litigation and insurance disputes.

In the year 2000, Daniel created the Real Estate Operations Practice ("REOPs") to address the day-to-day needs of the real estate industry. This department incorporates and cross-trains attorneys in several legal disciplines relevant to the ownership and operation of real estate. 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 has handled matters nationwide including representations in New York, Georgia, Massachusetts, Illinois, Delaware, Connecticut, Texas, Colorado, Florida, New Jersey, California, Maryland, Pennsylvania, Virginia and Washington, D.C.

Throughout his career, Daniel 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 the largest real estate sale of its kind in U.S. history. Subsequent to the sale, Daniel 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. In 2012, Daniel secured a $10.5 million settlement from the initial $210 million claim.

Concentrations

  • Real estate litigation and arbitration
  • Construction litigation
  • Leasing
  • Bankruptcy 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
  • Commercial lending
  • Americans with Disabilities Act (ADA) 
  • Real estate transaction due diligence
  • Catastrophe planning and response
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取扱分野

実績紹介

  • Daniel has 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.
  • Represented a commercial landlord in a lease dispute, defeating a motion seeking a Yellowstone injunction and a preliminary injunction tolling termination of a 35 year lease of commercial space on the street level of a major hotel located in the Times Square Area of New York City.
  • Board of Managers of the Queens Plaza Condominium v. 27th Street Partners, LLC, Sup. Ct. N.Y. Co., Index No. 652380/15 (Defending property developer in action by adjacent condominium seeking to enjoin construction of residential tower).
  • RCPI Landmark Properties, L.L.C. v. Adam Harwood, DMD, P.C., Sup. Ct. N.Y. Co., Index No. 151832/15 (Representing landlord in action against former tenant and individual guarantor seeking to recover rents and damages in excess of $1.5 million).
  • RCPI Landmark Properties, L.L.C. v. Blossom Management Int’l Inc., Sup. Ct. N.Y. Co., Index No. 158638/13 (Summary judgment granted against commercial tenant and individual guarantors for rents and damages due to landlord following termination of lease).
  • RCPI Landmark Properties, L.L.C. v. Teagschwendner, USA, Inc., Sup. Ct. N.Y. Co., Index No. 111043/11 (Successful settlement of claim for rental arrears resulting in 2014 payment in excess of $800,000).
  • RCPI Landmark Properties, L.L.C. v. Salans, Sup. Ct. N.Y., American Arbitration Association Case No. 13 115 00778 12 (Successful representation of landlord in fair market rental value arbitration).
  • DOLP 1133 Properties II LLC v. Amazon Corporate, LLC, Sup. Ct. N.Y. Co., Index No. 653789/14 (Defending Amazon in action by Durst Organization affiliate seeking damages in excess of $20 million allegedly arising from breach of a letter of intent and specific performance of proposed commercial lease).
  • 520 Madison Owners, L.L.C. v. VH Madison, Inc., Sup. Ct. N.Y. Co., Index No. 161939/14 (Summary judgment granted in favor of landlord against Victor Hugo retail store and individual guarantor for rents and damages due following termination of commercial lease).
  • P.J. Clarke’s on the Hudson, LLC v. WFP Retail Co. L.P., Sup. Ct. N.Y. Co., Index No. 155617/14 (Defended owner/developer of Brookfield Place in action by commercial tenant for injunctive relief and damages in excess of $20 million allegedly arising from renovation of property).
  • BOP 245 Park LLC v. CLB No. 2, Inc., Sup. Ct. N.Y. Co., Index No. 650868/14 (Represented landlord in action against former tenant and individual guarantor seeking to recover rents and damages in excess of $1 million).
  • Wakefern Food Corp. v. MW Associates, Sup. Ct. N.J., Middlesex Co., Docket No. MID-C-174-13 (Judgment entered October 8, 2014 after trial in favor of client/tenant defeating landlord’s claim that lease was terminated and awarding attorneys’ fees in favor of client).
  • Carl Berg and Rachel Berg v. SMI Construction Management, Inc. and Steven C. Mark, Sup. Ct. N.Y. Co., Index No. 653331/12 (Represented plaintiff in dispute with construction manager/general contractor over alleged construction defects and cost overruns).
  • Carol Stillman, et al. v. Clermont York Associates LLC, Sup. Ct. N.Y. Co., Index No. 603557/09 (Representing landlord in class action over alleged rent charges).
  • Paula Gerard v. Clermont York Associates LLC, Sup. Ct. N.Y. Co., Index No. 101150/10 (Representing landlord in class action over alleged rent charges).
  • Eli Cabinetry, Inc. v. P.C. Consulting Management Corp., SP 103 E 86 LLC, et al., Sup. Ct. N.Y. Co., Index No. 152751/14 (Defending property owner and developer in consolidated mechanic’s lien foreclosure actions and prosecuting counter- and cross-claims against general contractor).
  • Osceola Investors LLC, et al. v. Jenkins, et al., Sup. Ct. N.Y. Co., Index No. 651994/12 (Obtained judgment over $4,000,000 for property developer in dispute with limited liability company members).
  • 5 East 41 Check Cashing Corp. v. Park & Fifth Owner, LLC, 10/11/07 N.Y.L.J. 33:2 (App. Div. 1st Dep't). (Decision rejecting tenant's belated attempt to exercise lease renewal option).
  • Robert Pildes and Frances Pildes v. 65th Street Restaurant, LLC d/b/a Restaurant Daniel, Sup. Ct. N.Y. Co., Index No. 119249/06 (Decision dismissing complaint against prominent restaurant).
  • Roberts v. Tishman Speyer Properties, L.P. et al., 8/29/07 N.Y.L.J. 27:1 Sup. Ct. N.Y. Co. (Secured a $10.5 million settlement amount in a class action asserting an initial $210 million claim and seeking to prohibit the deregulation of approximately ten thousand apartments based upon the owner's receipt of J-51 tax benefits).
  • Stuyvesant Town -- Peter Cooper Village Tenants Ass'n v. Metropolitan Life Ins. & Annuity Co. Inc., 2006 N.Y. Slip Op. 51572(U), 8/9/06 N.Y.L.J. 22:1, 2006 WL 2337950 Sup. Ct. N.Y. Co.  (Decision in Article 78 proceeding upholding owner's right to implement electronic card key security system).
  • New Stadium LLC v. Greenpoint-Goldman Corp., Sup. Ct. N.Y. Co., Order entered 4/15/10 and Judgment entered 4/27/10 (Summary judgment granted to owner of commercial property, following completion of discovery, dismissing $50 million tortious interference claims asserted by former proposed assignee of ground lease following ground lease tenant's termination of proposed assignment).
  • 457 Madison Ave. Corp. v. Lederer De Paris, Inc., 51 A.D.3d 579, 859 N.Y.S.2d 135 (1st Dep't 2008) (Decision 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) (Decision 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., Sup. Ct. N.Y. Co., 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) (Decision affirming a commercial landlord’s right to litigate its rent claims in a plenary action before the Supreme Court).
  • Andrews 44 Coffee Shops Inc. v. TST/TMW 405 Lexington, L.P., Sup. Ct. N.Y. Co., 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).
  • Adams v. Washington Group, LLC, 2006 N.Y. Slip Op. 50672(U), 2006 WL 1042358 Sup. Ct. Kings Co. (Decision granting owner's motion for summary judgment dismissing tenant's claim that an oral lease was entered into).
  • Palace Renaissance, Inc. v. Sareb Restaurant Corp. d/b/a C.B.G.B., 2005 N.Y. Slip Op. 52162(U), 2005 WL 3555724 (A.T. 1st Dep't). (Decision upholding owner's right to enforce stipulation of settlement).
  • Cipriani Fifth Avenue, LLC v. RCPI Landmark Properties, LLC, 4 Misc.2d 850, 782 N.Y.S.2d 522 Sup. Ct. N.Y. Co. 2004 (Decision upholding owner's right to implement enhanced security measures).
  • Incredible Christmas Store -- New York, Inc. v. RCPI Trust, 307 A.D.2d 816, 763 N.Y.S.2d 280 (1st Dep't 2003) (Decision upholding dismissal of tenant's nuisance claim and construing exculpatory provisions of lease).
  • 390 West End Assocs. v. Harel, 298 A.D.2d 11, 744 N.Y.S.2d 412 (1st Dep't 2002). (Decision upholding tenant's rights under rent stabilization).
  • Titan Stone -- Tile & Masonry, Inc. v. F.J. Sciame Construction Co., 10/26/99 N.Y.L.J. 26:6 Sup. Ct. N.Y. Co. (Decision granting net lessee's motion to dismiss various claims by subcontractor).
  • Westage Towers Assocs. v. ABM Air Conditioning & Refrigeration, Inc., 187 A.D.2d 600, 590 N.Y.S.2d 118 (2nd Dep't 1992). (Decision upholding dismissal of mechanic's lien).
  • Westhab, Inc. v. McBain, 143 A.D.2d 1006, 533 N.Y.S.2d 771 (2nd Dep't 1988). (Decision awarding property purchaser specific performance).
  • In re The Great Atlantic & Pacific Tea Company, Inc., et al., No. 10-24549 (RDD) (Bankr. S.D.N.Y.)
  • In re Overseas Shipholding Group, Inc., No. 12-20000 (PJW) (Bankr. Del.)
  • In re Crabtree & Evelyn Ltd., No. 09-14267 (BRL) (Bankr. S.D.N.Y.)
  • In re Circuit City Stores, Inc., No. 08-35653 (KRH) (Bank. E.D.Va.)
  • In re LandAmerica Financial Group, Inc. No. 08-35994 (KRH) (Bank. E.D.Va.)
  • In re Sharper Image Corporation, No. 08-10322 (KG) (Bankr. Del.)
  • In re New Century Financial Corporation, No. 07-10417 (KJC) (Bankr. Del.)
  • In re Hudson Club, Inc., d/b/a The Market Bar, No. 01-12443 (PCB) (Bankr. S.D.N.Y.)
  • In re Europe Craft Imports, Inc., No. 01-12442 (PCB) (Bankr. Central District of California, L.A. Division)
  • In re Metromedia Fiber Network, Inc., No. 02-22736 (ASH) (Bankr. Del.)
  • In re Adelphia Business Solutions, No. 02-11389 (REJ) (Bankr. S.D.N.Y.)
  • In re Stone & Webster, No. 00-02142 (PJW) (Bankr. Del.)
  • In re Summit Metals, No. 98-2870 (KJC) (Bankr. Del.)
  • In re Charles Jourdan, U.S.A., Inc., No. 02-15192 (RDD) (Bankr. S.D.N.Y.)
  • In re The Emerald Plant II, LLC, No. 03-11058 (RDD) (Bankr. S.D.N.Y.)
  • In re Worldcom, Inc., No. 02-13533 (AJG) (Bankr. S.D.N.Y.)
  • In re Toscorp, Inc., No. 01-14818 (PCB) (Bankr. S.D.N.Y.)
  • In re Hunter-Southworth, Inc. and Metro Southworth, Inc., No. 03-13981 (JNF) (Bankr. Eastern Division, MA)
  • In re Petroleum Geo-Services ASA, No. 03-14786 (BRL) (Bankr. S.D.N.Y.)
  • In re Aliset NY, Inc., No. 04-10539 (RDD) (Bankr. S.D.N.Y.)
  • In re M. Fabrikant & Sons, Inc. and Fabrikant-Leer International, Ltd., No. 06-12737 (SMB) (Bankr. S.D.N.Y.)
  • In re Fifth Avenue Restaurant Acquisition Corp., d/b/a Tuscan Square, No. 06-13096 (JMP) (Bankr. S.D.N.Y.)
  • In re Coliseum Books, Inc., No. 06-12276 (BRL) (Bankr. S.D.N.Y.)
  • In re Goupil Patisserie, Inc., No. 06-10998 (SMB) (Bankr. S.D.N.Y.)
  • In re The Perfect Picture Corporation, No. 05-11563 (SMB) (Bankr. S.D.N.Y.)
  • In re Whitehead Mann, Inc., No. 05-12046 (SMB) (Bankr. S.D.N.Y.)
  • In re Teligent, Inc., No. 01-12974 (SMB) (Bankr. S.D.N.Y.)
  • Represented CompUSA nationally in connection with store closings and dispositions.

受賞歴・所属団体

  • Listed, The Best Lawyers in America, Litigation - Real Estate, 2018-2019
  • Team Member, Chambers USA Award for Excellence, Real Estate, 2017-2018 
  • Listed, Super Lawyers magazine, New York Metro Super Lawyers, 2007-2018
  • Team Member, U.S. News - Best Lawyers®, Best Law Firms Edition, "Law Firm of the Year," Real Estate - Litigation, 2017
  • 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 and 2012
  • 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

°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.

学歴・資格・言語

学歴
  • 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
弁護士資格
  • Connecticut
  • 米国 ニューヨーク州
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
言語