John M. Desiderio

John M. Desiderio: Attorney with Adam Leitman Bailey, P.C. AV stamp icon
  • Partner at Adam Leitman Bailey, P.C.
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  • John M. Desiderio, Chair of Adam Leitman Bailey, P.C.’s Real Estate Litigation Practice Group, has been a practicing attorney in New York City for over forty years. His practice is concentrated in cooperative/condominium representation, real estate litigation, title litigation, mortgage foreclosures, and antitrust and trade regulation.
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Biography

John M. Desiderio, Chair of Adam Leitman Bailey, P.C.’s Real Estate Litigation Practice Group, has been a practicing attorney in New York City for over forty years. His practice is concentrated in cooperative/condominium representation, real estate litigation, title litigation, mortgage foreclosures, and antitrust and trade regulation.

John M. Desiderio is rated by Martindale-Hubbell as “AV Preeminent” signifying the “Highest Possible Rating in Both Legal Ability and Ethical Standards.” Mr. Desiderio has been rated “AV Preeminent” by Martindale-Hubbell for over 25 years and has been named Super Lawyer by Law & Politics magazine.

Mr. Desiderio received his A.B. degree from Fordham College in 1963, an LL.B. degree from the University of Pennsylvania Law School in 1966, and an LL.M. degree from New York University School of Law in 1969. He served as a Captain in U.S. Army Intelligence from 1966 to 1968.

He has extensive experience in conducting and defending depositions and in conducting trials and arguing appeals in both New York State and federal courts.

Mr. Desiderio has extensive litigation experience in representing both landlords and tenants in commercial and residential real estate litigation. His cases in this area have involved issues relating to ownership of title to property, the right to enforce contracts of sale, landlord obligations to furnish habitable dwellings, tenant obligations to meet conditions of their tenancy, and the applicability of common law and statutory warranties to newly constructed or converted condominium and cooperative apartments.

Mr. Desiderio’s reported cases include:

Million Gold Realty Co. v. SE&K Corp., 4 AD3d 196, 772 NYS2d 271 (1st Dept. 2004).; Nutritional Health Alliance v. Food and Drug Administration, 318 F3d 92 (2d Cir.2003); Anthony Gangi v. Solgar Co., Inc., 267 AD2d 350, 699 NYS2d 922 (2d Dept. 1999); Alleghany Pharmacal Corporation, et al v. Parbel of Florida, Inc., 226 AD2d 104, 640 NYS2d 507 (1st Dept. 1996); Shulton, Inc. v. Optel Corporation, et al, 698 F. Supp. 61 (D.N.J. 1988); Frank Saltz & Sons, Inc. v. Hart Schaffner & Marx, 1985-2 Trade Cas. (CCH) 66,768 (S.D.N.Y. 1985).

From 1969 to 1980, Mr. Desiderio was an Assistant New York State Attorney General under Attorneys General Louis Lefkowitz and Robert Abrams, and from 1972 to 1980 he served as Chief of the Attorney General’s Anti-Monopolies (now Antitrust) Bureau.

Mr. Desiderio entered private practice in 1981 and represented clients in antitrust, RICO, real estate, and general civil litigation. From 1989 to February 1999, he was a member of a prestigious litigation law firm.

Mr. Desiderio has been appointed to the Departmental Disciplinary Committee of the First Department of the Appellate Division of the New York State Supreme Court. He will serve for a period of three years through December 31, 2016.

Areas of Practice (42)

  • Real Estate
  • Real Estate Litigation
  • Food, Drug and Cosmetics Law
  • Antitrust and Trade Regulation
  • Unfair Competition
  • Trademarks
  • Copyrights
  • Advertising and Marketing
  • Civil RICO
  • Securities Fraud
  • Complex Litigation
  • Title Litigation
  • Community Association Law
  • Condominium Association Law
  • Condominium Conversions
  • Condominium Development
  • Condominium Law
  • Cooperative Conversions
  • Cooperative Housing Association Law
  • Cooperative Housing Law
  • Homeowners Association Law
  • Property Management
  • Real Estate Banking Law
  • Real Estate Bankruptcy
  • Real Estate Brokerage Law
  • Real Estate Brokers Licensing
  • Real Estate Brokers Malpractice
  • Real Estate Brokers Malpractice Defense
  • Real Estate Brokers and Agents Liability
  • Real Estate Development
  • Real Estate Finance
  • Real Estate Foreclosure
  • Real Estate Leasing
  • Real Estate Restructuring
  • Real Estate Sales
  • Real Estate Title Insurance
  • Real Estate Workouts
  • Residential Real Estate
  • Residential Real Estate Foreclosure
  • Residential Real Estate Sales
  • Residential Real Estate Finance
  • Residential Real Estate Development

Education & Credentials

Contact Information:
212-825-0365  Phone
212-825-0999  Fax
www.alblawfirm.com
University Attended:
Fordham University, A.B., 1963
Law School Attended:
University of Pennsylvania, LL.B., 1966; New York University School of Law, LL.M., 1969
Year of First Admission:
1967
Admission:
1973, U.S. Customs Court; 1989, U.S. Court of Appeals for the Federal Circuit; 1971, U.S. District Court, Eastern District of New York, U.S. Court of Appeals, Second Circuit and U.S. Supreme Court; 1980, U.S. Court of Appeals, Third Circuit and U.S. Court of International Trade; 1979, U.S. Court of Appeals for the District of Columbia Circuit; 1971, U.S. District Court, Southern District of New York; 2000, U.S. Court of Appeals, First Circuit; 1967, New York
Memberships:
The Association of the Bar of the City of New York (Member, Antitrust and Trade Regulation Committee, 1987-1989); New York County Lawyers' Association (Chair, Committee on Trade Regulation, 2000-2003); New York State (Chairman, Committee on New York State Antitrust Law, Antitrust Section, 1986-1990) and American (Member, Sections on: Antitrust Law, Economics Committee; Litigation, Antitrust, Business Torts and Intellectual Property Litigation Committees) Bar Associations.
Military:
Capt., U.S. Army Intelligence, 1966-1968
Birth Information:
Brooklyn, New York, June 10, 1941
Reported Cases:
Million Gold Realty Co. v. SE&K Corp., 4 AD3d 196, 772 NYS2d 271 (1st Dept. 2004).; Nutritional Health Alliance v. Food and Drug Administration, 318 F3d 92 (2d Cir.2003); Anthony Gangi v. Solgar Co., Inc., 267 AD2d 350, 699 NYS2d 922 (2d Dept. 1999); Alleghany Pharmacal Corporation, et al v. Parbel of Florida, Inc., 226 AD2d 104, 640 NYS2d 507 (1st Dept. 1996); Shulton, Inc. v. Optel Corporation, et al, 698 F. Supp. 61 (D.N.J. 1988); Frank Saltz & Sons, Inc. v. Hart Schaffner & Marx, 1985-2 Trade Cas. (CCH) 66,768 (S.D.N.Y. 1985).
ISLN:
907894542

Peer Reviews

  • 5.0/5.0
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New York, New York