Daniel J. Ansell is the chair of the Real Estate Operations Practice and 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.
Areas of Concentration
· Real estate litigation and arbitration
· Construction litigation
· 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
· American's with Disabilities Act (ADA)
· Real estate transaction due diligence
Professional & Community Involvement
· Member, New York County Lawyers Association
· Member, Association of the Bar of the City of New York
· Advisory Board, Center of Hope (Haiti), Inc.
Awards & Recognition
· 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, a Law360 "Real Estate Practice Group of the Year," 2011 and 2012
· Listed, Super Lawyers magazine, New York Super Lawyers, 2007-2012
· 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
- 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.
- 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 (Supreme Court, New York County, 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).
· Representations in Bankruptcy:
- 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.)
· Other Significant Representations:
- Represented CompUSA nationally in connection with store closings and dispositions.
Publications & Presentations
Articles, Lectures & Publications
· Quoted, "Electricity Restored, Downtown Office Buildings Work to Rebuild Confidence," WNYC, February 4, 2013
· Quoted, "Post-Sandy Zoning Relief 1st Step in Climate-Proofing NYC," Law360, February 1, 2013
· Quoted, "Real Estate Policy To Watch In 2013," Law360, January 1, 2013
· Quoted, "Lemme out," The Real Deal, January 1, 2013
· Quoted, "Proposed Flood-Proofing Regs Could Dampen NY Development," Law360, December 19, 2012
· Mentioned, "Stuy Town Tenants Net $69M Deal In Rent Overcharge Case," Law360, November 29, 2012
· Quoted, "Sandy's Impact on East Coast Real Estate Raises Rebuilding, Finance, Insurance Issues," BNA Real Estate Law & Industry Report, November 13, 2012
· Reported, "Experts Say Impact of Stuyvesant Ruling May Be Set by Trial Courts," The New York Law Journal, May 24, 2010
· Reported, "Landlord Loses Bid for Summary Judgment Over Failure to Identify What Rent is Fixed," Court Decisions, The New York Law Journal, May 5, 2010
· Mentioned, "Manhattan's Largest Apartment Complex Returned to Creditors," The AM Law Daily, January 25, 2010
· Quoted, "Steve & Barry's Files for Bankruptcy Protection," Forbes, July 9, 2008
· Quoted, "Firm Advising Steve & Barry's on Alternatives," Forbes, July 1, 2008
· Quoted, "Retailers Face Uncertain Second Half of 2008," Associated Press, May 22, 2008
· Quoted, "Linens 'n Things files for bankruptcy protection," Forbes, May 2, 2008
· Quoted, "Borders Book Stores May Be Sold," Newsweek, March 20, 2008
· Quoted, "Uneasy Economy: Mall Centers Feel Hangover as Retail Industry Retrenches,"BusinessWeek, March 11, 2008
· Mentioned, "Greenberg Traurig Attorney Certified as a LEED Accredited Professional by U.S. Green Building Council," Greenberg Traurig Press Release, January 7, 2008
· Cited, "Noise Suit vs. Daniel Nixed," Restaurant Row, New York Post, October 12, 2007
· Featured, "Department Streamlines Real Estate Legal Procedures," Real Estate Weekly, October 3, 2007
· Cited, "Benefit Held No Bar To Market Rents at Stuyvesant Town," New York Law Journal, August 24, 2007
· Cited, "$5.4B Flips Landmark Residential Complex," Real Estate Forum, March 2007
· Cited, Deal Diary, The Deal, October 30 - November 5, 2006, regarding representation of MetLife Inc. in sale of Stuyvesant Town and Peter Cooper Village
· Cited, "MetLife Sells Complex For Record $5.4 Billion," New York Law Journal, Real Estate Update, Marketplace, October 25, 2006
· Featured, "Meet the Lawyers," Real Estate New York profiles 12 prominent attorneys and asks them about key issues impacting the real estate market, Real Estate New York, October 2006
· Cited, "Big Firms Behind a Big Deal: A Look at the Law Firms Behind the Largest Real Estate Deals in History," The National Law Journal and New York Law Journal, October 2006
· Cited, "Open the Door, Open Your Life?" The New York Times, August 20, 2006
· Cited, "DHCR's Order Permitting Card Key Security System is Not Disturbed Despite Identity Theft Concern," New York Law Journal," August 9, 2006
· Cited, "New Ruling Seen Likely to Impact Rent Laws," The New York Sun," May 2, 2006
· Cited, "Jury Says Agency Liable in Bombing," Engineering News-Record, November 7, 2005
· Cited, "Port Authority is Held Liable in Bombing that Killed Six in 1993 Attack on WTC," The New York Sun, October 27, 2005
· Cited, "A Ruling on Security and Tenant Privacy," The New York Times, August 28, 2005
· Cited, "MetLife-Owned Housing Tenants Sue to Stop Photo IDs," Associated Press, Published under various titles in publications including The New York Times, Chicago Tribune, andNewsday on dates ranging from March 28 - April 3, 2005
· Cited, "Key-Card Negotiations Off to Promising Start," Town & Village, June 10, 2004
· Author, "Effective Management of Legal Costs," Real Estate New York, May 1997
· Interviewed by Steve Bergsman, After the Fall: Opportunities and Strategies for Real Estate Investing in the Coming Decade (New Jersey: John Wiley & Sons, Inc., 2009)
· Daniel regularly lectures to legal departments, executives, asset managers and property managers across the United States on legal issues involved in property management. Daniel gave a series of lectures entitled "Legal Issues in Property Management. Commercial Lease Enforcement and Tenant Defaults: Strategies and Procedures."
· Daniel gave a series of lectures entitled "Tenant Bankruptcies: Integrated Strategies for Real Estate Owners."
· Presentation, "Building Security Should Not Create Owner Insecurity: Strategies for Minimizing Legal Risks," Building Security Conference, Hosted by The Wall Street Transcript, November 15, 2005, New York, NY; Presentation information released widely via news and business wires and published on Forbes.com, among other publications.
· Organizer and speaker, "ADA Issues and Defensive Strategies For The Real Estate and Hospitality Industries," Greenberg Traurig Real Estate Operations, Real Estate and Labor and Employment Department Presentation, September 10, 2004.
· Organizer and speaker, "The Commercial Real Estate Brokerage Agreement-Navigating the Issues and Essential Terms: Hey It's Only Money." Greenberg Traurig Real Estate and Real Estate Operations Department CLE Presentation, April 15, 2004.
· Featured, "Business for Breakfast," Interview with Ken Morgan, Financial News Radio 1510, June 2, 2008
· Featured, "All Things Considered," Interview with Wendy Kaufman, National Public Radio, May 2, 2008