Barry E. Lichtenberg

Barry E. Lichtenberg is an accomplished trial and appellate attorney with more than thirty years experience.  He has represented private and public companies, manufacturers and wholesalers, commercial real estate owners and developers, managers, brokers and special servicers.  Former New York State Attorney General Robert Abrams describes Barry as “an outstanding assistant attorney general” who “has had a distinguished career as a commercial and real estate litigator…. Barry is a person of intelligence, good judgment and integrity…. Over the years, I have referred potential clients to his firm.”

Lichtenberg’s extensive litigation background spans a wide variety of cases and forums.  He has represented national real estate companies in connection with brokerage commission claims and a foreign air cargo carrier in connection with tort claims.  He has defended not-for-profits from preference and fraudulent conveyance actions in Bankruptcy Court and assisted in the defense of a major museum involving allegedly Nazi-looted German expressionist paintings.  As a former prosecutor, he is as comfortable in the courtroom as he is crafting watertight settlements.

Five consecutive appellate arguments have each resulted in a favorable ruling for Barry’s clients. Three of those cases required the appellate court to reverse a lower court decision.  In one precedent–setting case, the Appellate Division, First Department, found that the trial court had properly exercised its discretion in declining to appoint a receiver in a foreclosure action even though the mortgage agreement at issue contained a provision that explicitly authorizes the appointment of a receiver upon application by the mortgagee.  The New York Law Journal reported the decision together with Barry’s commentary.

Barry began his career as an assistant district attorney.  He went on to serve as assistant attorney general in the Bureau of Real Estate Financing of the New York State Attorney General, where he prosecuted real estate securities fraud both civilly and criminally.  Barry was also senior litigation associate at Herrick, Feinstein LLP.

Barry has lectured extensively on commercial litigation, real estate brokerage law, New York mortgage foreclosure law and debtor-creditor law. He has also taught at New York University’s Real Estate Institute and has served as a featured panelist in various legal education programs. Barry’s wide-ranging articles and essays have appeared in The New York Jewish Week and New Jersey Jewish Standard.

Barry E. Lichtenberg

Barry E. Lichtenberg

Bar/Court Admissions

New York State

U.S. District Court for the Eastern District of New York

U.S. District Court for the Southern District of New York

U.S. Supreme Court

Education

Cornell Law School, J.D.

Queens College, B.A.

Affiliations

Member, Association of the Bar of the City of New York

Member, New York State Bar Association

Representative Matters

Obtained dismissal in New York County Supreme Court Commercial Division against seller of new construction Fifth Avenue tower that sought substantial post-closing payment based upon appraisal valuation pursuant to purchase and sale agreement.

Reinstated claims for aiding and abetting fraud and conversion against one of the world’s largest banking and financial services institutions. Decision of the Appellate Division, First Department reported on New York Law Journal’s front page. Bank thereafter settled on very favorable terms.

Successfully defended the special servicer of the holder of a $35,000,000 first mortgage loan against various breach of contract claims by borrower.

Represented a building owner in foreclosure action and prevented the appointment of a receiver notwithstanding language in the loan documents and statutes that permit ex-parte appointment. Owner settled on favorable terms.

Represented partnership owner in judicial auction sale of 14-story Manhattan office building.

Successfully enforced contract against statute of limitations and other defenses in $5,000,000 dispute.

Successfully defended national real estate company against claims for recovery of brokerage fees.

Successfully defended international air freight carrier against negligence action.

Obtained dismissal of all fraud, negligence and breach of contract claims in $64,000,000 action against investment company and principal.

Selected Reported Cases

William Doyle Galleries, Inc. v. Brett Stettner and HSBC Bank USA, N.A., 167 A.D.3d 501, 91 N.Y.S.3d 13 (1stDept. 2018)

Grand Pacific Finance v. 97-111 Hale, LLC, et al., 123 A.D.3d 764, 1 N.Y.S.3d (2d Dept. 2014)

Chestnut Holdings of New York, Inc. v. LNR Partners, LLC, 106 A.D.3d 575, 965 N.Y.S.2d 470 (1st Dept. 2013)

PBS Realty Advisors, LLC v. Jones Lang LaSalle Americas Inc., 100 A.D.3d 450, 953 N.Y.S.2d 449 (1st Dept. 2012)

ADHY Advisors LLC v. 530 West 152nd Street LLC, 82 A.D.3d 619, 918 N.Y.S2d 721 (1st Dept. 2011)

110 Amity Associates, LLC v. Grubb & Ellis New York, Inc., 60 A.D.3d 532, 875 N.Y.S.2d 64 (1st Dept. 2009)

Miranda v. Cozwil Associates, 2010 WL 9591458 (Sup. Ct. N.Y. Co. 2010)

MEHP Park Avenue Ownership LLC v. DKS Contractors, Inc., 2005 WL 5610921 (Sup. Ct. N.Y. Co. 2005)

421 Hudson Street Tenants Ass’n v. Abrams, 140 Misc.2d 166, 530 N.Y.S.2d 441 (Sup. Ct. N.Y. Co. 1988)