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David S. Fitzhenry



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David Fitzhenry is a Partner in the firm’s Real Estate Transactions and Cooperatives and Condominiums Practices.

Hands-On Counsel, Out-Of-The-Box Thinking

Mr. Fitzhenry has extensive experience handling sophisticated New York City real estate transactions. He has been on all sides of the real estate deal table, representing lenders, developers, sponsors, purchasers, sellers, landlords, tenants, condominium associations, and cooperative apartment corporations. As a result, he understands the parties’ disparate concerns and efficiently builds consensus in complicated multiparty transactions.

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 of existing properties to commercial condominiums, including the creation of complex leasehold condominium structures.

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

Prior to joining the firm, Mr. Fitzhenry worked in private practice, where he represented clients in all aspects of residential and commercial real estate matters, including litigation related to real estate disputes.



  • 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 major project in midtown Manhattan to be developed as a mixed-use condominium with hotel, retail, and entertainment facility components
  • 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 negotiation of commercial leases
  • Counsel to real estate owners in connection with the negotiation of license agreements with owners of neighboring properties.


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


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


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