Michael A. Eisenberg

Michael Eisenberg focuses his practice on all phases of litigation in state and federal courts, as well as private and court-referred alternative dispute resolution programs.

Michael counsels clients in a variety of commercial litigation matters including complex contract, labor and employment, and securities actions. He has extensive experience defending employers from actions commenced pursuant to the Fair Labor Standards Act and the New York Wage Theft Prevention Act. Michael has also represented real property owners in tenant disputes and foreclosure actions, as well as defended commercial and residential tenants from landlord-initiated proceedings. He also prosecutes and defends mechanics’ lien actions on behalf of architects, construction companies, and other materialmen.

Some of Michael’s recent litigations include:

• Obtained appellate reversal of entry of judgment of foreclosure and sale on the grounds of improper service of process on commercial mortgagor; subsequently prevailed on motion to reargue vacatur of summary judgment and granted leave to appear and file an answer; subsequently successfully opposed motion for judgment of foreclosure and sale, matter referred back to referee to compute with tolling of interest

• Second Department affirmed vacatur of summary judgment on residential mortgage pursuant to motion to renew based upon change in the law regarding burden of proof

• Obtained temporary restraining order on emergency motion in 1st Dep’t staying denial of Yellowstone Injunction of commercial lease pending expedited appeal

• Successfully vacated default judgment against fee owner of real property and hotel situated thereon by personal injury plaintiff, on the grounds service was upon mistaken entity

• Successfully dismissed action by lender to vacate a recorded satisfaction of debt

• Successfully moved to amend complaint by owner of hotel to include $36mm claim for consequential damages against tenant