Brendan J. Derr

Member | Litigation

733 Third Avenue
New York, New York 10017

New York, 2012
U.S. District Court, Southern District of New York, 2012

Successfully litigated several RPAPL Section 881 proceedings on behalf of developers and adjacent owners.
Represented a commercial landlord in arbitration with tenant-restaurant, of which he was a one-third partner, over, inter alia, an option to purchase the building and breach of fiduciary duties.
Represented restaurant owner and personal guarantor in action against global mall developer concerning partial eviction and unpaid rent.
Successfully moved for summary judgment and obtained a $2.7 million judgment against commercial tenant that prematurely vacated the premises and failed to pay rent.
Successfully moved for summary judgment in lieu of complaint against personal guarantor of commercial lease.
Successfully moved to dismiss third-party action brought by commercial tenant against commercial landlord for breach of contract, negligence, contribution and indemnification arising from the tenant’s installation of signage on the exterior of a condo building.
Represented the owner and management company of a historic Times Square building against a general contractor and subcontractor in a contract dispute and successfully negotiated the removal of several mechanics’ liens on the property.
Represented an investment fund in federal court, and in retaliatory state court actions, against the former officers and directors of a publicly traded company for breach of fiduciary duty in causing the failure of the company.
Represented a multi-national utility under investigation by both the New York State Attorney General and the Governor’s Moreland Commission regarding alleged misrepresentations concerning storm preparation and response to Hurricane Sandy and other recent storms.
Represented Italian shipping company, Marco Polo Seatrade, Ltd., in connection with its precedent setting Chapter 11 case.
Conducted internal investigations and responded to inquiries and subpoenas from various regulatory bodies, including a multi-year fraud investigation into a global construction company conducted by the Manhattan District Attorney.