Kenneth A. Philbin

• Chrysler East Building, L.L.C. v. Keenwawa, Inc., 217 A.D.3d 494 (1st Dep’t 2023) (modifying lower court’s order and granting summary judgment to commercial landlord with respect to former tenant’s breach of lease and liability for damages).
• FC Hanson Office Associates, LLC v. OTA Franchise Corp., Sup. Ct. Kings Co., Index No. 531861/2021 (multi-million dollar judgments entered against former commercial tenant following granting of landlord’s motion for summary judgment).
• Vornado Eleven Penn Plaza Owner LLC v. Penn Bake, LLC, et al., Sup. Ct. N.Y. Co., Index No. 652621/2019 (summary judgment entered prior to discovery against former commercial tenant and individual guarantor awarding landlord rent arrears and lease termination damages following tenant’s improper abandonment of leased premises).
• P62 LLC v. WFP Retail Co. L.P., Sup. Ct. N.Y. Co., Index No. 650649/2018 (judgment entered after trial dismissing breach of contract claims against client and awarding judgment on its counterclaims against plaintiff and causes of action against impleaded third-party defendants).
• Ansonia Commercial, LLC v. Gristede’s Foods, Inc., 2016 NY Slip Op 50937(U) (A.T. 1^st Dep’t) (successfully appealed Civil Court’s determination that landlord could maintain nonpayment proceeding on basis of written demand not served in accordance with RPAPL).
• 520 Madison Owners, L.L.C. v. VH Madison, Inc. & Victor Hugo, Sup. Ct. N.Y. Co., Index No. 161939/2014 (judgments in excess of one million dollars entered against commercial tenant and individual guarantor for rent arrears, post-eviction damages and attorneys’ fees).
• P.J. Clarke’s on the Hudson, LLC v. WFP Retail Co. L.P., Sup. Ct. N.Y. Co., Index No. 155617/2014 (tenant’s multi-million dollar claims arising from landlord alterations and construction settled on terms favorable to client).
• 300 Park Avenue, Inc. v. Café 49, Inc., 89 A.D.3d 634 (1^st Dep’t 2011) (rejecting lease guarantor’s argument that he had satisfied “good guy” conditions of guaranty and affirming a judgment of approximately one million dollars against guarantor and commercial tenant for rent arrears, post-eviction damages and attorneys’ fees).
• New Stadium LLC v. Greenpoint-Goldman Corp., 2010 N.Y. Slip Op. 30869(U) (Sup. Ct. N.Y. Co. 2010) (summary judgment granted following completion of discovery dismissing $50,000,000 tortious interference claims asserted against owner of commercial property by former proposed assignee of ground lease).
• 457 Madison Ave. Corp. v. Lederer De Paris, Inc., 51 A.D.3d 579 (1^st Dep’t 2008) (affirming multi-million dollar judgment against commercial tenant and guarantors for rent arrears, late charges 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 (1^st Dep’t 2007) (reversing lower court’s award of summary judgment to 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., Index No. 107408/2005 (summary judgment granted to 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) (A.T. 1^st Dep’t 2006) (affirming 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., Index No. 603952/2004 (summary judgment granted to commercial landlord dismissing 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).
• Nestor v. Britt, 270 A.D.2d 192 (1^st Dep’t 2000) (affirming an award of attorneys’ fees to the prevailing party).
• Nestor v. New York State Div. of Hous. and Community Renewal, 257 A.D.2d 395 (1^st Dep’t 1999) (affirming a tenant’s right to intervene in an Article 78 proceeding between the landlord and DHCR and the subsequent dismissal of the landlord’s petition).
• OTHER SIGNIFICANT REPRESENTATIONS
  • Represented international retailers in “all stores” closures and resolution of long-term lease liabilities.
  • Successfully resolved buyout of Times Square retail tenant’s multi-million dollar end-of-term lease obligations.
  • Successfully defended commercial landlord in construction arbitration wherein tenant sought more than $80,000,000 in liquidated damages resulting from landlord’s alleged failure to timely complete work.
  • Represented international hotel company in connection with third-party discovery obligations in nationwide class-action lawsuits and municipal tax actions.
  • Represented international hotel company in termination of commercial leases and eviction of tenants at locations nationwide.
  • Represented international corporation and property owner in multi-party environmental contamination dispute.
  • Recovered vacant possession of stores in commercial shopping center to facilitate development of the site by a national retail company.

• Team Member, U.S. News - Best Lawyers^®, Best Law Firms Edition, "Law Firm of the Year," Real Estate - Litigation, 2017 and 2022
• Team Member, Chambers & Partners USA Real Estate Law Firm of the Year, 2010, 2017-2018, and 2022
• Listed, Super Lawyers magazine, New York Metro Super Lawyers, 2013-2024
  • Listed, "Rising Stars," 2011
• 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, 2012, and 2022-2023

A description of the selection methodology for the above awards can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

• Member, American Bar Association