David A. Pellegrino

Partner

[email protected]

Phone: (646) 993-4457

About

About

David A. Pellegrino is a Partner in the Litigation Practice Group. He is a sought after commercial litigator whose practice primarily focuses on real estate disputes. For more than two decades, David has represented parties – lenders, borrowers, developers, property owners, managing agents, boards, and brokers – involved in real estate-related litigation in state and federal courts. From cases concerning transactions that have gone awry, financing issues, lien priorities, and disagreements between partners and joint venturers to statutory actions such as foreclosures, partitions, and encroachments, David has handled an extensive variety of real estate litigation, and in so doing has developed an unparalleled skill set.

Several of the matters David has litigated have resulted in notable published opinions, including the leading case on the duration and priority of real estate judgment liens decided by New York’s highest court. As further testament to his vast expertise in the area, David co-authored the chapter “Commercial Real Estate Litigation” in the critically acclaimed multi-volume treatise Commercial Litigation in New York State Courts, edited by Robert L. Haig. Likewise, he frequently lectures on real estate litigation issues, and is a member of the Commercial and Federal Litigation section of the New York Bar Association and was on the committee on the Civil Practice Law and Rules, which governs litigation in New York State Courts.

Representative Matters

Representative Matters

  • Guided well known multi-national corporation through its transition to new US headquarters, including vacating 150,000 sq./ft. of office and extensive additional warehouse space and resolution of dispute over multi-million dollar lease deposit.

  • Lead counsel for lender in seven multi-family building foreclosure and lien priority cases that resulted from $50 million dollar mortgage fraud.

  • Represented proportionate owners of real estate in divesting their interests in brownstones, ultra-luxury apartments and vacant land through partition and declaratory judgment proceedings.

  • Obtained federal court reversal in favor of developer in joint venture and mezzanine financing dispute involving what is now famously known as the “paparazzi-proof” celebrity building in Tribeca.

  • Litigated and advised foreign investor in connection with dispute over failed transaction involving ultraluxury apartment at well-known New York City hotel.

  • Advised hospitality REIT about litigation options and defenses during $500 million sale of Times Square hotel and issues related to landmarked theatre.

  • Defended institutional client with respect to brokers’ claims for commission after assignment of building lease.

  • Advised and litigated adjoining-building construction issues including negotiation of consensual license agreements and obtaining court relief where parties cannot agree upon terms in what is known as an RPAPL 881 proceeding.

  • Represented owners, boards and sponsors in connection with construction, water intrusion damages and transactional issues in co-op and condominium buildings.

Honors & Awards

Honors & Awards

  • Super Lawyers® - Metro New York Edition, Business Litigation (2014 - present)

Professional Activities

Professional Activities

  • New York State Bar Association (Committee on Federal and Commercial Litigation)
  • Federal Bar Council

Perspectives

Media

Media

Publications

  • Anti-SLAPP Motions in New York’s Federal Courts, New York Law Journal, November 21, 2013
  • Commercial Real Estate Litigation, Commercial Litigation in New York State Courts, updated annually since 2011

Services