David F. Segal

Attorney in New York, NY

David F. Segal is a Member of the Firm's Litigation Practice Group and is resident in the Firm's New York Rockefeller Center office. Before joining the Firm, Mr. Segal was a member of Silverberg Stonehill Goldsmith & Haber, P.C. Mr. Segal was previously a founding partner and, for twenty-five years, a member of Jaffe, Segal, Ross & Light LLP, a boutique real estate and commercial litigation firm.

Mr. Segal has more than 30 years' experience in representing institutions, public and privately held companies and individuals in a variety of complex commercial, real estate and real estate-related litigation. He has represented and continues to advise owners, landlords and tenants in all aspects of their business and litigations including issues that arise with respect to demolition, construction, modification and management of buildings, tenant affairs, claims for brokerage commissions and mechanic's liens. He has also represented owners of residential townhouses in Manhattan in connection with a variety of multifaceted disputes amongst neighbors. As such, he has a wealth of experience working with representatives of the New York City Department of Buildings, architects, contractors, expediters and Building Code consultants.

Though primarily engaged as a Member of the Firm's Litigation Practice Group, the versatility of his practice has enabled Mr. Segal to successfully and efficiently negotiate hundreds of lease transactions relating to office and retail premises. In that regard, he has substantial experience litigating and trying many commercial lease provisions including those relating to acceleration of rent, billing of electricity, renewal options and tenants holding over after lease expiration. He is knowledgeable on how the courts will interpret specific clauses that are in dispute. Given the breadth of this background and experience, and his contacts within the real estate industry, Mr. Segal has a unique perspective from which to advise his clients as to the "market" regarding many lease clauses and, when appropriate, to avoid wasting time on provisions that either will not be changed or will not have a material impact on the tenancy.

Mr. Segal's experience includes the representation of a developer in Manhattan seeking demolition of its property, and the creation of a high rise hotel and garage. Numerous retail tenants that were affected by this development joined together to interfere with the development through the litigation process by holding over in their stores, and seeking substantial payments for their cooperation. This case resulted in a favorable interpretation of clauses in an agreement Mr. Segal prepared that were strictly enforced against the tenants at the successful conclusion of the case in the Appellate Division, First Department.

Representative Matters

• Represented landlords and tenants negotiating agreements of leases at, or handling litigations regarding, numerous Manhattan properties located throughout the Borough - from the East side to the West side to Lower Manhattan.

• Obtained structural engineer report regarding life safety issues and enlisted the assistance of the New York City Department of Buildings in inspecting and issuing a Vacate Order on behalf of the retail tenant due to hazardous conditions that effectively forced the tenant from its premises.

• Represented retail tenants in defense of claims of breach of the Americans with Disabilities Law.

• Represented investment banker in arbitration for fees.

• Represented and defended parties in respect of claims for real estate brokerage commissions.

• Represented townhouse owner claiming encroachment from construction and claims of adverse possession against neighbor.

• Represented townhouse owner and obtained mandatory injunction compelling neighbor to make repairs to its own property to avoid continued water damage to client's home.

• Represented townhouse owner in obtaining stop work orders and protections from and against neighboring high rise apartment building regarding defective and spalling concrete façade.

• Obtained numerous court ordered license agreements authorizing owners of townhouse properties to enter onto neighbors' properties to perform repairs.

• Represented Saudi Arabian investor seeking recovery of loan in context of, and in compliance with, Sharia law.

• Appointed receiver in Supreme Court, New York County.

Affiliations

Member, New York State Bar Association

Member, State Bar of California

(212) 500-1588
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Areas of Law

  • Litigation

     

    Experience & Credentials

    Position

    Member

    Admission Details

    Admitted in 1976, New York
    1976, California
    1976, U.S. District Court, Southern District of New York
    1976, U.S. District Court, Eastern District of New York

    Law School Attended

    Brooklyn Law School
    Class of 1975
    J.D.

    New York University
    Class of 1983
    LL.M.

    University Attended

    New York University
    Class of 1972
    B.A.

    Birth Information

    Born in 1950
    New York, N.Y., May 27, 1950

    Associations & Memberships

    Affiliations

    Member,New York State Bar Association
    Member,State Bar of California

    Representative Cases

    Representative Matters; Represented landlords and tenants negotiating agreements of leases at, or handling litigations regarding, numerous Manhattan properties located throughout the Borough - from the East side to the West side to Lower Manhattan.; Obtained structural engineer report regarding life safety issues and enlisted the assistance of the ... More

    Contact Information

    Phone

    (212) 500-1588

    Email

    Send email to David F. Segal


    Office Information
    David F. Segal
    Member
    30 Rockefeller Plaza New York, NY 10112

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    Sills Cummis & Gross P.C. (New York, New York)

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