Robert M. Kessler
Bob Kessler joined Rosenberg & Estis in 1997. He is a member of the Transactions Group, where he has represented developers, sellers, purchasers, landlords, and tenants in real estate transactions and real estate-related contracting of various types, sizes and complexity. He specializes in public-private transactions, including ground leases and subway station improvement agreements for three prime sites in the Times Square area. Bob also represents owners and tenants on commercial leases, telecommunications matters, and preparation and negotiation of contracts (e.g., consulting, construction and management) in connection with the development, occupancy, and operation of real estate. In addition, he represents an owner/operator of ferry and tour boats on various transactional and operational matters, including contracts with governmental agencies.
Prior to joining Rosenberg & Estis, Mr. Kessler was Senior Counsel at the New York City Economic Development Corporation (EDC). At EDC he was instrumental in forging many of New York City's largest and most sophisticated public/private real estate ventures, including the 42nd Street/Times Square redevelopment, Metro-Tech, Brooklyn Renaissance Plaza, and Queens West. Mr. Kessler also represented EDC and the New York City Industrial Development Agency (IDA) on many other sale, lease, development, construction, contracting and financing matters.
Bob Kessler's over 25 years of extensive experience have included such diverse topics as land use and zoning, environmental regulation, legislative affairs, condemnation, tax abatements and exemptions, New York City and State procurement and public approval processes, corporate retention incentive transactions and privatization of City assets. He has, in addition, been a speaker on public/private partnerships and been named a New York Super Lawyer.
Selected Cases and Representations
- Represented tax-exempt charitable trust in connection with 2011 net sublease of midtown Manhattan office building including sub-sublease, multiple SNDAs and leasehold condominium;
- Represented Joint Venture of SJP Properties, Inc. and Prudential Real Estate Investors on Ground Lease transaction for Times Square site with 42nd Street Development Project Inc. (a subsidiary of New York State Urban Development Corporation d/b/a Empire State Development) and The City of New York, and related agreements, including easement and Subway Entrance Agreement with New York City Transit Authority;
- Represented Joint Venture of Durst Organization and Bank of America on Ground Lease transaction for midtown Manhattan property acquired by eminent domain by New York State Urban Development Corporation (d/b/a Empire State Development), and related development and construction-related agreements, including Subway Agreement with New York City Transit Authority;
- Reviewed World Trade Center documentation for insurance consortium;
- Review, drafting and negotiation of certain World Trade Center documentation for Durst Organization as consultant/joint venture partner/manager;
- Represented Durst Organization in forming joint venture, and joint venture of Durst Organization and Vornado in submitting a (runner-up) proposal and drafting/negotiating preliminary documentation, for multi-block "Hudson Yards" project;
- Represented Durst Organization in connection with a joint venture with SFA Properties for future residential acquisitions and development, and represents that joint venture on various contracting and operational matters;
- Numerous commercial leases and telecommunications and signage licenses for the Durst Organization and other clients;
- Numerous construction and consultant agreements for the Durst Organization, Vornado and other clients; and
- Numerous corporate transaction documents, license agreements, leases, permits, financing documents and service agreements for New York Water Taxi and Water Taxi Beaches.
Year Joined Firm
- 1997
Areas of Practice
- Transactional Law
- Real Estate Leasing
- Real Estate Development
Bar Admissions
- New York, 1986
Education
- University of North Carolina School of Law
- J.D. - 1985
- Honors: With Honors
- Law Review: North Carolina Law Review, Note and Comment Editor
- University of North Carolina at Chapel Hill
- M.A. - 1985
- Major: City and Regional Planning
- University of Pennsylvania
- B.A. - 1981
- Honors: With Honors
- Major: Urban Studies
Published Works
- "The Development Agreement and its Use in Resolving Large Scale, Multi-Party Development Problems: A Look at the Tool and Suggestions for its Application," 1 Journal of Land Use and Environmental Law 451, 1985
- "The North Carolina Time Share Act," 62 North Carolina Law Review 1356, 1984
- "North Carolina’s Ridge Law: No View From the Top," 63 North Carolina Law Review 197, 1984
Classes/Seminars
- Public/Private Real Estate Development Deals in New York City: Times Square and Beyond, Public/Private Partnerships (Speaker), Lorman Education Services, New York, NY, 2007
Honors and Awards
- Selected for inclusion in New York Super Lawyers, 2009 and 2011
- Student Winner – American Planning Association Writing Competition, 1984

