Heath B. Kushnick

Heath B. Kushnick

Shareholder

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

Concentrations

  • 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
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Capabilities

Experience

  • 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, Chambers USA Award for Excellence, Real Estate, 2017-2018
  • Team Member, U.S. News - Best Lawyers®, Best Law Firms Edition, "Law Firm of the Year," Real Estate - Litigation, 2017
  • 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.

Credentials

Education
  • J.D., cum laude, Benjamin N. Cardozo School of Law, Yeshiva University, 1992
    • Member, Cardozo Law Review
  • B.S., Business Administration, George Washington University, 1989
Admissions
  • 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