Menachem Kastner

Menachem J. Kastner’s practice involves all aspects of real estate litigation and is particularly centered in the area of commercial and residential leasing and ownership and valuation disputes.

He has litigated through all of the courts, the interpretation of escalation clauses, assignment and sublet provisions, alteration provisions, use clauses, renewal or purchase options, termination rights, buy-out disputes, and other significant lease interpretation issues. Menachem is a frequent contributor to legal publications, specifically the New York Law Journal and New York State Bar Association Journal.

Many of his articles have been cited to and relied on by the New York courts. See London Terrace Towers, Inc. v. Davis, 6 Misc. 3d 600, 790 N.Y.S. 2d 813 (Civ. Ct. N.Y. Co. 2004); 13315 Owners Corp. v. Kennedy, 4 Misc.3d 931, 782 N.Y.S. 2d 554 (Civ. Ct. N.Y. Co. 2004); Concourse Village Inc. v. Bilotti, 133 Misc. 2d 973, 509 N.Y.S. 2d 274 (Civ. Ct. Bronx Co. 1986).

Menachem has lectured widely on real estate issues, including landlord/tenant and co-op litigation, the law of co-ops/condominiums, equitable distribution, and matrimonial tax. Most recently, Menachem lectured on “Real Estate Transactions – Spotting Litigation Issues” at the PLI Annual Real Estate Institute in 2016 and 2017.

In addition, Menachem is an official court arbitrator for the Civil Court of the City of New York, presiding over trials and inquests, issuing final non-appealable judgments, mediating the settlement of claims, and drafting and ordering stipulations of settlement.

Menachem earned his Bachelor of Arts, cum laude, from Brooklyn College of the City University of New York in 1973 and his law degree, summa cum laude, from New York Law School in 1976, where he was the recipient of the Trustees’ Award for Highest Scholastic Achievement.

He was also named one of “New York Area’s Top Rated Lawyers of 2013” in Real Estate & Landlord/Tenant by Legal Leaders™. Menachem is admitted to practice in the state of New York.

EXPERIENCE :

• US Bancorp Equipment Finance v. Abraham Rubashkin, et al., ___ A.D.3d ___, (2d Dept. September 19, 2012)
• Murray Hill Mews Owners Corp. v. Rio Restaurant Associates, L.P., 26 Misc.3d 1224(A)(Civ Ct. N.Y. Co. 2010), reversed, 30 Misc,3d 129(A) (App. Term 1st Dep’t), reversed, 92 A.D.3d 453 (1st Dep’t 2012)
• 2 GCT Partners LLC v. Stadia Capital LLC, New York Law Journal, Decisions of Interest, December 2, 2009, p. 28, col. 1 (Sup. Ct. New York Co.)
• Hudson Waterfront Associates, IV, L.P. v. MTP 59 St. LLC., 8 Misc 3d 136(A), 803 N.Y.S. 2d 18 (App. Term 1st. Dept. 2005)
• 20 Henry Street Associates v. Various Tenants, New York Law Journal, September 1, 2004, p. 19, col. 1, 32 HCR 547A, (Civ. Ct. Kings Co.)
• Excell Graphics Technologies, Inc. v. CFG/AGSCB 75 Ninth Avenue LLC, 1 A.D. 3d 65, 767 N.Y.S. 2d 99 (1st Dept. 2003)
• Colgate-Palmolive Corporation v. Bell, Kalnick, Sassawer, Jackson, Klee, Green & Rudd., 203 A.D.2d 122, 610 N.Y.S.2d 44 (1st Dept. 1994), appeal dismissed, 83 N.Y.2d 996, 616 N.Y.S.2d 476 (1994)
• Plaza Operating Partners Ltd. v. Maison Mendesolle Ltd., 144 Misc. 2d 696, 545 N.Y.S.2d 233 (Civ. Ct. N.Y. Co. 1989), affirmed, Appellate Term 1st Dept. 1990
• Mid-Island Shopping Plaza Co. v. Nathan’s Famous of Hicksville, 147 A.D. 2d 536, 537 N.Y.S. 2d 836 (2d Dept. 1989)
• Thuna v. DiSanza, 102 Misc.2d 342, 425 N.Y.S.2d 729 (Sup. Ct. N.Y. Co. 1980), affirmed, 78 A.D.2d 517, 432 N.Y.S.2d 976 (1st Dept. 1980)
• 33-39 E. 65th St., LLC v. McEntyre, 2013 N.Y. Slip Up. 50558(6), N.Y.L.J., April 18, 2013. (Civ. Ct. N.Y. Co.)

EDUCATION :

• New York Law School, J.D., summa cum laude, 1976
• Brooklyn College, B.A., cum laude, 1973

BAR ADMISSIONS : New York

COURT ADMISSIONS :

• U.S. District Court — Eastern District of New York
• U.S. District Court — Southern District of New York
• U.S. Supreme Court

AFFILIATIONS : New York State Bar Association