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Practice
Mr. Fitzgerald has been with the Firm since 1964, representing corporate, real estate and trust clients.
Throughout his career, Mr. Fitzgerald has handled purchases and sales of metropolitan office, hotel, warehouse, and residential properties in the U.S. and abroad for high net worth clients; has represented land assemblers; and has been engaged in the subdivision and sale of farm land in New York and New Jersey. He has represented both landlords and tenants in preparation and negotiation of net and ground leases, large city office space leases, and sale lease-backs. Mr. Fitzgerald has represented public pension funds in investments in real estate for conventional and equity-based and convertible mortgages. He has also worked in corporate stock and asset acquisitions and sales transactions; leases of shopping centers; building construction and renovation contracts (primarily under AIA forms) on behalf of owners and contractors (including architects); exchanges under Section 1031 of the Internal Revenue Code of 1986, as amended; bond-based transactions with governmental agencies (representing borrowers); and commercial condominium conversions and capital recovery cases.
Mr. Fitzgerald has also been engaged in partnership law matters, corporate reorganizations, public tenders of securities, high net worth employment agreements, stockholder agreements and other forms of commercial contracts.
Personnel Partner from 1973-78; Chairman of Office Operations from 1980-84; Managing Partner of the Firm from 1984-88; and Chairman of the Real Estate Department, Mr. Fitzgerald is admitted to practice before the Bars of the States of New York and New Jersey as well as before the federal district courts of these states.
Representative Matters
Representation of a borrower in a defaulted mortgage workout negotiation and eventual sale of a New Jersey farm, avoiding foreclosure for two years.
Representation of New York and New Jersey office and retail store tenants negotiating space leases in Princeton and New York City, respectively, including work letters, guarantees and security deposits.
Representation in coordination with corporate department of an acquisition company with respect to the real estate aspects of a Texas asset acquisition.
Representation of a multimillion dollar New Jersey estate as well as administering the same as executor, consisting of a 100-acre farm, residences, outbuildings and multimillion dollar testamentary trusts.
Representation in connection with the acquisition of “loft” type New York City premises including conversion and compliance issues under the New York Multiple Dwelling Law.
Representation relating to acquisition of New Jersey shore residential property, including leaseback and premises renovation contract.
Representation of estate heirs including post-mortem estate and trust planning, insurance aspects and real property and tax planning.
Representation of corporation involving a review of sub-Chapter S election in the light of the creation of a non-voting additional class of stock, coordinating with the accountant and tax group concerning exemption and/or potential loss of sub-Chapter S benefits.
Representation of bankruptcy trustee with regard to the sale of a manufacturing plant and property in South Carolina.
Representation in coordination with bankruptcy group of creditors’ committee regarding a Chapter 11 filing in the U.S. Bankruptcy Court in New Jersey.
Representation of a non-resident alien regarding the sale of United States real property assets including the effects of FIRPTA thereon.
Representation of board of directors of New York Cooperative Corporation.
Representation of a medical practitioner and negotiation of an employment contract with equity options in a New Jersey professional association.
Representation of New York charitable corporation in the negotiation and acquisition of New York City office/residential premises.
Representation of an executor in a contested New Jersey estate proceeding concerning removal of the co-executor for inactivity and negligence and eventual mediation among the parties so that the estate might be satisfied.
Representation of general partner in the division of several real estate-oriented family partnerships, including tax, title transfer and financing aspects.
Representation of one of several partners in New Jersey family partnership land division.
Representation of majority stockholder in the sale of two corporations of existing offices affecting assets in New Jersey and Virginia, including financing.
Associations
American Bar Association
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Association of the Bar of the City of New York
Monmouth County (N.J.) Bar Association
New Jersey State Bar Association
- Member of the Committees on Real Estate and Business Corporations
Fordham Law School Advisory Committee
- Member (1990-2000)
Education
J.D., Fordham University School of Law, 1962
A.B., Fordham University, 1958
Publications
The Not-So-Standard Commercial Lease, The Practical Real Estate Lawyer, September 2005. The article is viewable by clicking on the title. | 