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Jesse B. Schneider is a partner in the Litigation and Real Estate Practice Groups of Davis & Gilbert. Mr. Schneider focuses his practice on complex commercial real estate litigation including landlord-tenant, construction, lien and foreclosure disputes. His extensive experience includes representation of both landlords and tenants in connection with lease disputes, Yellowstone injunctions, constructive eviction matters, mechanics’ lien/foreclosure actions and criminal building violations. Additionally, he is familiar with the unique debtor/creditor problems faced by landlords in situations where tenants file for bankruptcy, and he also works on a number of bankruptcy-related matters involving preferential and fraudulent transfers.

Before joining Davis & Gilbert, Mr. Schneider was a litigation attorney at Fried Frank Harris Shriver & Jacobson LLP. While in college, he received high honors for his thesis titled "When Reasonable Doubt Becomes Unreasonable."

REPRESENTATIVE ENGAGEMENTS

  • Represented a public relations firm in a payment/automatic renewal dispute. The public relations firm sued its client for nonpayment of arrears as well as a three-month wind down period under the contract. 
  • Represented a public relations firm against its client for breach of the statement of work and MSA for its failure to pay for professional services and a 30-day termination period.
  • Represented an advertising agency against its client for failure to pay under a statement of work and for a 90-day termination period.
  • Represented an advertising agency against its client for failure to pay over $600,000 in connection with consulting and marketing services performed. 
  • Regularly represents clients – both landlords and tenants of commercial spaces – in non-payment rent proceedings and holdover proceedings in all five boroughs of New York City.
  • Successfully arbitrated and resolved a matter involving a large Manhattan tenant improperly charged additional rent in the form of exorbitant insurance premiums and rent escalation.
  • Arbitrated and resolved a matter involving a large sublandlord that was the victim of a fraudulent transfer.
  • Obtained Yellowstone relief for a large retail tenant whose landlord tried to improperly terminate its below-market lease.
  • Represented tenant and successfully vacated default for tenant client in a mechanics’ lien foreclosure action where plaintiff contractor failed to name tenant as necessary party
  • Successfully defended a multimillion-dollar foreclosure action for a landlord in connection with liens filed by a contractor responsible for major property defects relating to a build-out.
  • Represents both landlord and tenant clients faced with New York City Fire Code violations before the Environmental Control Board or in criminal courts.
  • Obtained a Yellowstone injunction and procured favorable settlement preventing the landlord from terminating the profitable lease of a famous New York City restaurant.
  • Obtained an injunction preventing a landlord from terminating a client’s lease in one of Manhattan’s largest telecommunications buildings.
  • Represented the landlord in successfully evicting and obtaining a favorable money judgment against a high-profile tenant in a non-payment/holdover proceeding.
  • Currently litigating a real estate lease dispute involving a landlord’s breach of lease for failure to maintain the lobby and the rest of a building as Class A.
  • Obtained a favorable settlement for a real estate brokerage firm in a case involving failure to pay brokerage commissions.
  • Represented the owner of a high-end $15-million apartment in an action against an upstairs tenant for negligence and private nuisance created by the defective condition of master bathroom and bathtub.
  • Successfully litigated and prevented a major advertising agency from having to return over $4 million claimed to be a “preferential transfer” under the Bankruptcy Code.
  • Successfully defended at trial and obtained favorable jury verdict in favor of a venture capital firm accused of fraudulent inducement and negligent misrepresentation.
  • Successfully defended a consulting firm and obtained a favorable bench award in connection with the buy-out of a former partner.
  • Represented various advertising creditors in the bankruptcies of Musicland, KB Toys, Continental Airlines and others.
  • Procured a favorable settlement for a U.S. advertising and branding agency in a Korean arbitration brought by Korean Airlines.
  • Obtained a $1-million ICC Arbitration award for a clothing manufacturing client against a Brazilian entity found to be in breach of a license agreement.
  • Successfully defended and obtained a favorable settlement in connection with civil RICO claims and fraud claims brought against individuals in federal court in New York regarding real estate management agreement.

PUBLICATIONS

Co-Author, "Tenants Beware: Your Cure Period May Not Be as Long as You Think," New York Law Journal, June 24, 2019

Co-Author, "New York Appellate Court Enforces Lease Provision Waiving Commercial Tenants' Right to Seek Yellowstone Injunction, Strengthening Landlords' Right to Evict," D&G Litigation Alert, June 2018

Author, "Non-Residential Tenant Harassment Law Makes 'Self-Help' Eviction Even Riskier," New York Law Journal, July 24, 2017

Author, "How Best to Ensure Enforceability of Rent Acceleration Clauses" Davis & Gilbert 2016 Mitigating Risk: Key Litigation Developments

Co-Author, "Commercial Lease Rent Acceleration Clauses: For How Long Will They Be Enforceable?" D&G Litigation Alert, May 2015

Author, "NY Court Clarifies When Yellowstone Relief Is Appropriate," Law360.com, October 9, 2014

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

American Bar Association
New York State Bar Association

BAR ADMISSIONS

New York
New Jersey

EDUCATION

New York University School of Law, J.D., 1998
Brandeis University, B.A., summa cum laude, Phi Beta Kappa, 1995


REPRESENTATIVE ENGAGEMENTS

  • Represented a public relations firm in a payment/automatic renewal dispute. The public relations firm sued its client for nonpayment of arrears as well as a three-month wind down period under the contract. 
  • Represented a public relations firm against its client for breach of the statement of work and MSA for its failure to pay for professional services and a 30-day termination period.
  • Represented an advertising agency against its client for failure to pay under a statement of work and for a 90-day termination period.
  • Represented an advertising agency against its client for failure to pay over $600,000 in connection with consulting and marketing services performed. 
  • Regularly represents clients – both landlords and tenants of commercial spaces – in non-payment rent proceedings and holdover proceedings in all five boroughs of New York City.
  • Successfully arbitrated and resolved a matter involving a large Manhattan tenant improperly charged additional rent in the form of exorbitant insurance premiums and rent escalation.
  • Arbitrated and resolved a matter involving a large sublandlord that was the victim of a fraudulent transfer.
  • Obtained Yellowstone relief for a large retail tenant whose landlord tried to improperly terminate its below-market lease.
  • Represented tenant and successfully vacated default for tenant client in a mechanics’ lien foreclosure action where plaintiff contractor failed to name tenant as necessary party
  • Successfully defended a multimillion-dollar foreclosure action for a landlord in connection with liens filed by a contractor responsible for major property defects relating to a build-out.
  • Represents both landlord and tenant clients faced with New York City Fire Code violations before the Environmental Control Board or in criminal courts.
  • Obtained a Yellowstone injunction and procured favorable settlement preventing the landlord from terminating the profitable lease of a famous New York City restaurant.
  • Obtained an injunction preventing a landlord from terminating a client’s lease in one of Manhattan’s largest telecommunications buildings.
  • Represented the landlord in successfully evicting and obtaining a favorable money judgment against a high-profile tenant in a non-payment/holdover proceeding.
  • Currently litigating a real estate lease dispute involving a landlord’s breach of lease for failure to maintain the lobby and the rest of a building as Class A.
  • Obtained a favorable settlement for a real estate brokerage firm in a case involving failure to pay brokerage commissions.
  • Represented the owner of a high-end $15-million apartment in an action against an upstairs tenant for negligence and private nuisance created by the defective condition of master bathroom and bathtub.
  • Successfully litigated and prevented a major advertising agency from having to return over $4 million claimed to be a “preferential transfer” under the Bankruptcy Code.
  • Successfully defended at trial and obtained favorable jury verdict in favor of a venture capital firm accused of fraudulent inducement and negligent misrepresentation.
  • Successfully defended a consulting firm and obtained a favorable bench award in connection with the buy-out of a former partner.
  • Represented various advertising creditors in the bankruptcies of Musicland, KB Toys, Continental Airlines and others.
  • Procured a favorable settlement for a U.S. advertising and branding agency in a Korean arbitration brought by Korean Airlines.
  • Obtained a $1-million ICC Arbitration award for a clothing manufacturing client against a Brazilian entity found to be in breach of a license agreement.
  • Successfully defended and obtained a favorable settlement in connection with civil RICO claims and fraud claims brought against individuals in federal court in New York regarding real estate management agreement.

PUBLICATIONS

Co-Author, "Tenants Beware: Your Cure Period May Not Be as Long as You Think," New York Law Journal, June 24, 2019

Co-Author, "New York Appellate Court Enforces Lease Provision Waiving Commercial Tenants' Right to Seek Yellowstone Injunction, Strengthening Landlords' Right to Evict," D&G Litigation Alert, June 2018

Author, "Non-Residential Tenant Harassment Law Makes 'Self-Help' Eviction Even Riskier," New York Law Journal, July 24, 2017

Author, "How Best to Ensure Enforceability of Rent Acceleration Clauses" Davis & Gilbert 2016 Mitigating Risk: Key Litigation Developments

Co-Author, "Commercial Lease Rent Acceleration Clauses: For How Long Will They Be Enforceable?" D&G Litigation Alert, May 2015

Author, "NY Court Clarifies When Yellowstone Relief Is Appropriate," Law360.com, October 9, 2014

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

American Bar Association
New York State Bar Association

BAR ADMISSIONS

New York
New Jersey

EDUCATION

New York University School of Law, J.D., 1998
Brandeis University, B.A., summa cum laude, Phi Beta Kappa, 1995