Thomas D. Kearns has significant experience in both real estate and corporate law. He specializes in representing owners, operators and developers in the acquisition, development, leasing and financing of office, residential and retail properties. He has extensive experience with joint venture, LLC, tenant-in-common and other agreements between co-venturers and with sophisticated condominium or other joint ownership arrangements of both real estate and non-real estate businesses. He is also an expert on the impact of federal and state securities laws on real estate. Mr. Kearns regularly represents professional athletes and sports executives and other high net worth individuals in their residential transactions in New York.
Mr. Kearns has been repeatedly selected as a Super Lawyer by the publisher of Law and Politics Magazine since 2006.
Mr. Kearns has served as an instructor with the Continuing Legal Education program at Fordham Law School, teaching courses on Limited Liability Companies and Residential Real Estate and with the Stephen Newman Real Estate Institute of Baruch College, teaching a course on Real Estate Investment Trusts. Mr. Kearns has served in various leadership roles with the Real Property Section of the American Bar Association; most recently as a Book Editor for the Real Property Section.
• Lecturer, Pre-Contract Due Diligence on Commercial Real Estate Transactions, American Land Institute for Continuing Education, 2007
REPRESENTATIVE MATTERS
• Lead counsel for a joint venture of Boston Properties and Madison Equities for the office building assemblage on Manhattan's 8th Avenue consisting of nine lots, two air rights parcels and three different sellers for more than $200 million. The New York Law Journal story may be viewed here.
• Kaufman Astoria Studios, New York City Economic Development and New York State financings, construction of additional stage, office and stage leasing.
• Lead drafting attorney on a complex tenants-in-common agreement for a major Midtown-West office building after the publication of IRS Rev Proc 2002-22.
• Organized the condominum structure for the TriBeca Film Center.
• Lead drafting attorney representing for landlord of the Surrey Hotel on Manhattan's Upper East Side on ground lease modification to update the ground lease to comply with modern financing techniques.
• Private placement of LLC interests to shareholders of a Manhattan cooperative to acquire valuable retail space in the cooperative.
• Purchase of several retail condominium and cooperative interests in Manhattan apartment buildings including Madison Avenue and 75th Street and the New Museum condominium in SOHO (press report) and the related lease-out or sale of the properties.
• Sale of rental apartment building on Central Park South for more than $100,000,000.
• Represented the developer of the W Hotel in Times Square.
• Purchase and subsequent sale at a significant profit of 130 Prince Street in SOHO, an office building with valuable retail space.
• Acquisition of development parcels and construction loans for the Empire Condominium, Vesta 17 (201 West 17th Street) Condominium and Vesta 24 (231 Tenth Avenue).
BAR ADMISSIONS
New York
New Jersey
MEMBER
American Bar Association
New York State Bar Association
"Contracts of Sale and Exchange and Related Actions," Chapter 1 of Bergerman and Roth's New York Real Property Forms Annotated, Matthew Bender & Co., Inc., 669 pages, October 1994.
"Securitization of Real Estate" and "Securitized Equity Financing," Capital Sources for Real Estate, Warren, Gorham & Lamont, March and April 1994, respectively.
"Lawyers Bookshelf: Payback, The Conspiracy to Destroy Michael Milken and his Financial Revolution," New York Law Journal, October 27, 1995 (Book Review)
"There Ought to be a Law" (against lease subordination), New York Law Journal, December 31, 1991.
"New Ethical Dilemmas Are Yours to Confront," New York Law Journal, New Partners Special Section, January 29, 2001
THOMAS D. KEARNS
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