David S. Fitzhenry concentrates his practice on sophisticated New York City real estate transactions. He represents developers, lenders, sponsors, purchasers, sellers, landlords, tenants, not-for-profit organizations, condominium associations, and cooperative apartment corporations.

Private companies and commercial real estate owners regularly engage Mr. Fitzhenry to advise on new ventures, where he often acts as special counsel to major retailers, medical centers, and various nonprofit organizations pursuing conversions and existing properties to commercial condominiums, including the creation of complex leasehold condominium structures.

Mr. Fitzhenry also counsels privately-held businesses on the bulk purchase of unsold cooperatives shares and unsold condominium units, as well as subsequent required filings with the Department of Law.

Education

New York Law School, J.D.
Fairfield University, B.A.

Admissions

Mr. Fitzhenry is admitted to practice in New York and New Jersey. He is also admitted to practice before the United States District Court for the District of New Jersey.

Affiliations

Mr. Fitzhenry is a member of the New York State Bar Association’s Cooperative and Condominium Committee.

Mr. Fitzhenry is a former Secretary of the New York City Bar Association’s Cooperative and Condominium Committee, and currently serves as Chair of the committee’s “Sponsor and Developer Issues” subcommittee.

Mr. Fitzhenry is an Adjunct Professor at Fordham Law School, teaching a course in “Cooperatives and Condominiums.”

Recognitions

2020-2023-New York Super Lawyers®

Publications

Mr. Fitzhenry co-authored the chapter on Cooperatives, Condominiums, and Homeowners’ Associations in the New York State Bar Associations’ “Real Estate Titles” publication.

Representative Matters

• Special counsel to a public REIT in the creation of a complex leasehold condominium in a 550,000 square foot mixed-use office and retail building in Midtown Manhattan and the subsequent transfer of multiple units therein.
• Represents condominium sponsors in connection with the offering of multiple luxury condominium developments throughout New York City.
• Special counsel to a public REIT in connection with the acquisition of approximately 250,000 square feet of commercial condominium space in Midtown Manhattan.
• Special counsel to a public REIT in a co-development with another public real estate company of a major parcel, intended to be a residential tower in Manhattan, divided between a rental portion and “for sale” residential condominium units.
• Special counsel to public REITs and various not-for-profit corporations in connection with the creation of commercial condominiums, including leasehold condominiums, in New York City.
• Counsel to New York City condominium associations and cooperative apartment corporations in all aspects of their operation and management, including contracting, corporate governance, lease negotiations with commercial tenants, and mortgage financing.
• Special counsel to joint venture in connection with the development and financing of a major project in Midtown Manhattan to be developed as a mixed-use condominium with hotel, retail, and entertainment facility components.
• Special counsel to mortgage lenders and mezzanine lenders in connection with condominium and cooperative developments.
• Special counsel to governmental agency in connection with financing related to condominium projects with affordable housing requirements.
• Counsel to real estate owners in connection with the negotiations of commercial leases.
• Counsel to real estate owners in connection with the negotiation of license agreements with owners of neighboring properties.