David B. Tendler is a founding partner of the firm and specializes in representing building owners and commercial tenants in all facets of litigation. He also negotiates and prepares commercial leases.
Mr. Tendler litigates commercial and residential from inception through trial in the Supreme and Civil Courts. Representative type cases include: summary nonpayment and holdover proceedings, representation of cooperative and condominium boards in disputes with shareholders and outside contractors, partition actions and brokerage commission actions
Through his thoughtful analysis and diligence, he has achieved a high rate of success for his clients whether the resolution is achieved through settlement, motion practice or trial.
Practice Areas
- Commercial Non-Payment & Holdover Proceedings
- Residential Holdover Proceedings
- Residential Non-Payment Proceedings
- Supreme Court Litigation
- Appellate Practice
- Commercial Leasing
Education
Boston University School of Law, J.D. cum laude – 1991
Rutgers University. – 1988
Bar Admissions
New York – 1992
New Jersey - 1992
Notable Decisions
315 West 55th Owners Corp. v. Rainbow Spa, 81 Misc. 3d. 1204(A) 199 NYS 35441 (2023). Obtained injunction against operation of “acupuncturists office” as a massage parlor and had tenant held in contempt.
BKNY I Inc. v. 132 Capulet Holdings LLC, 216 A.D. 3d 900, 189 N.Y.S. 3D (1st Department) 618. Establishing that a change in a restaurant’s concept violated the legislative covenants in the Lease.
Ullman v. Hillyer, 106 A.D.3d 579, 965 N.Y.S.2d 711 (2013) leave to appeal denied, 22 N.Y.3d 860, 981 N.Y.S.2d 670 (2014). Fraud case dismissed based on tenant’s lack of standing.
Esposito v. Larig 174 A.D. 3d 574, 106 N.Y.S. 3d 92 (2nd Department 2019). Reversing decision denying the payment of use and occupancy and requiring tenant to post an undertaking.
151 Mulberry St. Corp. v. Italian Am. Museum, 102 A.D.3d 412, 413, 957 N.Y.S.2d 698, 699 (First Department 2013). Oral agreement to sell building governed by statue of frauds despite Tenant’s improvements to the Premises.
Mondshein's Clothing Ctr., Inc. v. City of New York, 43 Misc. 3d 1234(A), 993 N.Y.S.2d 644 (Civ. Ct. 2014) City’s delay in execution of lease allowed Landlord to withdraw offer even though Landlord had signed lease.
Brullo v. Myers, 11 Misc. 3d 26, 28, 812 N.Y.S.2d 733, 735 (App. Term, 1st Dept 2006) Overturning a jury verdict and allowing the Landlord to recover possession of a rent controlled unit.