David S. Fitzhenry

David Fitzhenry is a partner in the Real Estate Transactions and Cooperative and Condominium Housing Practice Groups. Mr. Fitzhenry is experienced in handling sophisticated commercial and residential real estate transactions.

Mr. Fitzhenry has extensive experience working in the area of residential and commercial condominiums and cooperatives, including leasehold commercial condominiums. Many matters involve the representation of lenders and investors of condominium sponsors or holders of unsold shares, including analysis of issues relating to sponsor liability in completing the obligations of sponsors. Mr. Fitzhenry frequently acts as special condominium counsel to some of the nation’s largest law firms and lending institutions in connection with condominium project financing.

In addition, Mr. Fitzhenry regularly represents purchasers, sellers and owners of commercial and residential properties, developers and sponsors of offering plans, condominium associations and cooperative apartment corporations.


  • New York Law School (J.D., 2005)
  • Fairfield University (B.A., 2001)


  • Special counsel to major lenders in construction loans for the development of new construction condominiums and in the conversion of existing rental properties to the condominium form of ownership.
  • 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 in connection with the creation of commercial condominiums, including leasehold condominiums, in New York City.
  • Special counsel to private commercial real estate owners, major retailers, medical centers and not-for-profit entities with respect to conversions of existing commercial properties to commercial condominiums.
  • Counsel to developers of mixed-use condominium offering plans in New York City, including those with significant retail, office and/or hotel components.
  • Counsel to private companies in connection with the bulk purchase of unsold cooperatives shares and unsold condominium units 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.
  • Counsel to real estate owners in connection with the negotiation of license agreements with owners of neighboring properties.


  • New York (2006)
  • New Jersey (2005)
  • U.S. District Court, District of New Jersey (2005)


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