Practice Areas
Honors
- Tom was named as a “Leading Lawyer” by Chambers USA for 2022.
- Tom has been selected by his peers for inclusion in the The Best Lawyers in America in the field of Real Estate Law annually since 2019.
- Tom has been consistently named to the New York Super Lawyers list, a Thomson Reuters lawyer rating service, since 2006.
- Tom was elected a Fellow of the American College of Real Estate Lawyers (ACREL), Class of 2015.
Education
J.D., Fordham University School of Law, 1984
M.B.A., Fordham University, 1979
B.A., Fordham University, 1976
Bar & Court Admissions
- New York
- New Jersey
Tom represents owners, operators and developers in the acquisition, development, ground 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 including programmatic ventures across multiple assets, and has negotiated and drafted sophisticated commercial condominium documents including condominiums to permit not-for-profit entities to take advantage of real estate tax exemptions. Tom has been one of the most active practitioners in the purchase, turnaround and sale of Manhattan office buildings. Recently Tom handled several workouts of ground leased hotels when the hotel industry was hurt by the COVID-19 pandemic.
Tom's development experience includes the creation of assemblages consisting of fee, leased and air rights parcels for ground up construction of office, residential and mixed use properties including joint ventures with institutional investors and construction loans and take-out financings.
Tom is highly knowledgeable regarding the impact of federal and state securities laws on real estate and has lectured and written on the regulatory environment including the relaxation of the general solicitation limits under Reg D and crowdfunding rules.
He also regularly represents professional athletes and sports executives and other high-net-worth individuals in their residential transactions in New York.
Professional & Community Affiliations
American Bar Association
New York State Bar Association
Various leadership roles with the Real Property Section of the American Bar Association, most recently as Book Editor
Board of Directors, Broadway Housing Communities
Board of Directors, New York Landmarks Conservancy
Real Estate Committee, The Jewish Board of Family and Children’s Services
- Represented Kaufman Astoria Studios in the sale of the historic, century old studios to the joint venture of Hackman Capital Partners and Square Mile Capital Management.
- Represented the owner of a downtown Manhattan office building in its conversion to residential condominiums including the termination of all office leases, a tax freeze for the property, the condominium offering plan and unit sales.
- Represented sponsors of a programmatic joint venture with a "co-gp" structure, clawbacks and well-defined exclusivity and approval processes.
- Represented developers or fee owners in the ground up developments at the following properties: 72 Sullivan Street; 80 Flatbush Avenue; 57-59 Irving Place; 231 Tenth Avenue; and 206 West 17th Street. Major renovation projects include 212 Fifth Avenue condominium and various buildings in the "Ring" office portfolio.
- Represented ImmunityBio, Inc., a clinical-stage immunotherapy company, in a definitive agreement to acquire a leasehold interest in 409,000 square feet of ISO Class 5 pharmaceutical manufacturing space in western New York, and certain related assets, from global pharmaceutical company Athenex, Inc.
- Represented an industry leading cancer research institution in a long-term ground lease for a 7-story building to be constructed to suit the institution on a parcel located on the Upper East Side. We then created a leasehold condominium for the institution to permit them to obtain a tax exemption under Section 420-a of New York's Real Property Tax Law. Our client then cooperated with the landlord to permit a $130 million mortgage on the fee estate.
- Represented the New York City Partnership Foundation Inc., an affiliate of the Partnership for New York City, pro bono on a bridge loan for the development of a Senior Center on Staten Island by The Metropolitan Council on Jewish Poverty, a non-profit social services organization, which is calling the center the first affordable housing complex of its kind in the city. See Crain's for press report.
- Represented Metropolitan College of New York, a college founded in 1964 by educational pioneer Audrey Cohen, in the purchase of a commercial condominium to house its growing college programs within a $40 million development known as the Triangle Plaza Hub in the South Bronx . The construction and purchase of the condominium is being financed using New Markets Tax Credits. The Real Deal reported on the purchase.
- Represented a joint venture between Kaufman Organization and Principal Life that executed 99-year ground leases on four New York City office buildings from Extell Development in a deal valued at approximately $135 million. The properties are located at 119-125 West 24th Street; 13-15 West 27th Street; 19-21 West 24th Street; and 45-47 West 27th Street. The buildings were part of the portfolio owned until recently by Michael and Frank Ring. The Wall Street Journal, New York Law Journal and The Real Deal reported on the deal.
Media Mentions/News
- May 11, 2023
- February 28, 2023
- February 10, 2023
- January 3, 2023
- November 22, 2022
- November 21, 2022
- November 3, 2022
- October 24, 2022
- September 30, 2022
- September 29, 2022
- August 18, 2022
- July 27, 2022
- June 1, 2022
- March 29, 2022
- January 31, 2022
- January 19, 2022
- November 24, 2021
- November 15, 2021
- November 4, 2021
- October 13, 2021
- October 1, 2021
- August 19, 2021
- August 4, 2021
- June 15, 2021
- May 25, 2021
- March 29, 2021
- March 23, 2021
- January 29, 2021
- January 25, 2021
- January 6, 2021
- January 5, 2021
- December 17, 2020
- December 4, 2020
- November 30, 2020
- November 5, 2020
- October 28, 2020
- September 28, 2020
- August 20, 2020
- July 22, 2020
- May 29, 2020
- May 26, 2020
- May 8, 2020
- March 30, 2020
- March 25, 2020
- January 22, 2020
- January 16, 2020
- December 27, 2019
- December 3, 2019
- November 18, 2019
- November 15, 2019
- November 11, 2019
- November 1, 2019
- October 22, 2019
- September 26, 2019
- September 24, 2019
- September 18, 2019
- September 12, 2019
- August 15, 2019
- July 22, 2019
- May 22, 2019
- May 15, 2019
- March 25, 2019
- March 11, 2019
- January 30, 2019
- January 10, 2019
- January 9, 2019
- December 28, 2018
- November 21, 2018
- November 1, 2018
- September 19, 2018
- September 18, 2018
- August 15, 2018
- July 20, 2018
- May 25, 2018
- May 8, 2018
- May 4, 2018
- April 10, 2018
- April 10, 2018
- April 4, 2018
- March 30, 2018
- March 20, 2018
- February 20, 2018
- January 25, 2018
- December 26, 2017
- December 6, 2017
- November 27, 2017
- November 1, 2017
- October 2, 2017
- September 20, 2017
- August 4, 2017
- July 21, 2017
- May 30, 2017
- May 19, 2017
- April 25, 2017
- April 5, 2017
- March 28, 2017
- March 20, 2017
- March 1, 2017
- January 27, 2017
- December 18, 2016
- December 7, 2016
- November 18, 2016
- November 2, 2016
- November 1, 2016
- October 7, 2016
- October 7, 2016
- September 21, 2016
- September 20, 2016
- September 6, 2016
- August 22, 2016
- Kearns and Kindler Represent Joint Venture Partner in Negotiation of LLC Agreement for LIC WarehouseJuly 25, 2016
- July 20, 2016
- July 12, 2016
- July 8, 2016
- June 20, 2016
- June 9, 2016
- June 8, 2016
- June 1, 2016
- May 23, 2016
- May 17, 2016
- March 18, 2016
- March 1, 2016
- February 10, 2016
- February 1, 2016
- January 23, 2016
- January 8, 2016
- December 16, 2015
- November 30, 2015
- November 2, 2015
- October 26, 2015
- October 21, 2015
- September 24, 2015
- September 16, 2015
- September 15, 2015
- September 4, 2015
- August 21, 2015
- July 28, 2015
- July 17, 2015
- July 13, 2015
- June 29, 2015
- June 22, 2015
- Olshan Represents Client in Securing $182M Loan in Flatiron District Residential Development ProjectJune 15, 2015
- June 8, 2015
- June 2, 2015
- May 27, 2015
- May 4, 2015
- May 4, 2015
- April 14, 2015
- Kearns Published in NY Real Estate Journal on Quality Control on Condo Listings and Model ApartmentsMarch 23, 2015
- March 5, 2015
- February 27, 2015
- February 18, 2015
- January 29, 2015
- December 25, 2014
- December 25, 2014
- November 28, 2014
- November 28, 2014
- November 4, 2014
- November 3, 2014
- October 29, 2014
- October 21, 2014
- October 17, 2014
- October 15, 2014
- September 24, 2014
- September 24, 2014
- September 23, 2014
- September 19, 2014
- August 29, 2014
- July 15, 2014
- July 9, 2014
- July 2, 2014
- June 30, 2014
- June 5, 2014
- May 29, 2014
- April 22, 2014
- April 17, 2014
- April 10, 2014
- April 9, 2014
- March 27, 2014
- March 27, 2014
- March 26, 2014
- March 7, 2014
- March 4, 2014
- February 27, 2014
- February 11, 2014
- January 29, 2014
- January 28, 2014
- December 4, 2013
- December 3, 2013
- November 29, 2013
- November 27, 2013
- November 25, 2013
- November 6, 2013
- November 1, 2013
- November 1, 2013
- October 15, 2013
- October 14, 2013
- September 24, 2013
- September 13, 2013
- September 13, 2013
- September 6, 2013
- August 6, 2013
- July 30, 2013
- June 5, 2013
- June 4, 2013
- May 28, 2013
- April 10, 2013
- March 12, 2013
- February 19, 2013
- February 8, 2013
- February 8, 2013
- February 8, 2013
- December 19, 2012
- November 1, 2012
- September 20, 2012
- June 28, 2012
- June 1, 2012
- May 21, 2012
- May 16, 2012
- Spring 2012
- March 4, 2012
- February 28, 2012
- January 18, 2012
- January 9, 2012
- November 21, 2011
- October 17, 2011
- September 21, 2011
- August 26, 2011
- August 18, 2011
- July 21, 2011
- June 30, 2011
- May 4, 2011
- February 14, 2011
- February 8, 2011
- February 6, 2011
- December 8, 2010
- December 7, 2010
- December 1, 2010
- October 22, 2010
- October 1, 2010
- September 22, 2010
- September 21, 2010
- June 3, 2010
- May 25, 2010
- March 24, 2010
- January 27, 2010
- January 22, 2010
- October 22, 2009
- October 21, 2009
- October 5, 2009
- September 30, 2009
- September 8, 2009
- June 24, 2009
- January 1, 2009
- November 10, 2008
- October 21, 2008
- September 12, 2008
- August 12, 2008
- August 3, 2008
- August 1, 2008
- June 11, 2008
- May 20, 2008
- January 17, 2008
- September 24, 2007
- July 18, 2007
- March 6, 2007
- February 22, 2007
- August 18, 2006
- November 30, 2001
Lectures/Seminars
- October 22, 2019New York, NY
- May 1, 2019
- April 10, 2018New York, New York
- March 1, 2017The New York Society of Security Analysts in New York
- September 24, 2014Practising Law Institute (PLI)
- May 7, 2014New York State Society of CPAs (NYSSCPA)
- February 13, 2014Practising Law Institute
- Speaker, Commercial Real Estate After the Great Recession, Fordham's Business Law Practitioners Series, Spring 2012
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Presenter, Real Estate for Corporate Counsel, New York State Bar Association's Corporate Counsel Institute, October 11-12, 2007
- Lecturer, Pre-Contract Due Diligence on Commercial Real Estate Transactions, American Land Institute for Continuing Education, 2007
- Lecturer, Real Estate Investment Trusts, Stephen Newman Real Estate Institute of Baruch College, 2000
- Lecturer, Continuing Legal Education courses in Limited Liability Companies and Residential Real Estate, Fordham Law School, 1995-1999
Publications
- February 20, 2023Best Lawyers
- February 10, 2023Bloomberg Law
- December 27, 2022New York Real Estate Journal
- November 22, 2022New York Real Estate Journal
- September 30, 2022New York Real Estate Journal
- July 27, 2022New York Real Estate Journal
- March 29, 2022New York Real Estate Journal
- January 25, 2022New York Real Estate Journal
- November 23, 2021New York Real Estate Journal
- August 3, 2021New York Real Estate Journal
- May 18, 2021New York Real Estate Journal
- March 23, 2021New York Real Estate Journal
- January 19, 2021New York Real Estate Journal
- December 22, 2020New York Real Estate Journal
- November 17, 2020New York Real Estate Journal
- September 22, 2020New York Real Estate Journal
- July 22, 2020New York Real Estate Journal
- May 26, 2020New York Real Estate Journal
- March 24, 2020New York Real Estate Journal
- March 6, 2020New York Real Estate Journal
- January 16, 2020New York Real Estate Journal
- November 19, 2019New York Real Estate Journal
- September 17, 2019New York Real Estate Journal
- July 22, 2019New York Real Estate Journal
- May 22, 2019New York Real Estate Journal
- March 25, 2019New York Real Estate Journal
- December 28, 2018New York Real Estate Journal
- November 20, 2018New York Real Estate Journal
- September 18, 2018New York Real Estate Journal
- July 17, 2018New York Real Estate Journal
- May 15, 2018New York Real Estate Journal
- March 20, 2018New York Real Estate Journal
- January 23, 2018New York Real Estate Journal
- November 27, 2017New York Real Estate Journal
- November 21, 2017New York Real Estate Journal
- October 2, 2017New York Real Estate Journal
- September 19, 2017New York Real Estate Journal
- July 21, 2017New York Real Estate Journal
- May 19, 2017New York Real Estate Journal
- March 28, 2017New York Real Estate Journal
- January 27, 2017The New York Real Estate Journal
- November 15, 2016New York Real Estate Journal
- September 21, 2016New York Real Estate Journal
- July 20, 2016New York Real Estate Journal
- March 21, 2016New York Real Estate Journal
- January 23, 2016The New York Real Estate Journal
- November 30, 2015The New York Real Estate Journal
- September 24, 2015The New York Real Estate Journal
- July 31, 2015The New York Real Estate Journal
- June 29, 2015New York Law Journal
- May 27, 2015The New York Real Estate Journal
- March 23, 2015The New York Real Estate Journal
- January 29, 2015The New York Real Estate Journal
- December 25, 2014The New York Real Estate Journal
- November 28, 2014The New York Real Estate Journal
- November 3, 2014New York Law Journal
- October 20, 2014New York Real Estate Journal
- October 17, 2014Practical Law: A Thomson Reuters Legal Solution
- September 24, 2014New York Real Estate Journal
- July 15, 2014New York Real Estate Journal
- June 30, 2014New York Law Journal
- May 29, 2014New York Real Estate Journal
- March 27, 2014New York Real Estate Journal
- January 28, 2014New York Real Estate Journal
- January 23, 2014New York Real Estate Journal
- September 24, 2013New York Real Estate Journal
- July 30, 2013New York Real Estate Journal
- May 28, 2013The New York Real Estate Journal
- October 2011ABA Section of Real Property, Trust and Estate Law e-Report
- August 2011LexisNexis Emerging Issues Commentary 2011 Emerging Issues 5827
- May 28, 2008New York Law Journal
- May 20, 2008The New York Law Journal
- "New Ethical Dilemmas Are Yours to Confront"January 29, 2001New York Law Journal, New Partners Special Section
- "Lawyers Bookshelf: Payback, The Conspiracy to Destroy Michael Milken and his Financial Revolution"October 27, 1995New York Law Journal (Book Review)
- "Contracts of Sale and Exchange and Related Actions"October 1994Chapter 1 of Bergerman and Roth's New York Real Property Forms Annotated, Matthew Bender & Co., Inc., 669 pages
- "Securitization of Real Estate" and "Securitized Equity Financing"March 1994Capital Sources for Real Estate, Warren, Gorham & Lamont, March and April 1994, respectively
- "There Ought to be a Law"December 31, 1991New York Law Journal
Articles & Alerts
- April 2021
- June 2020
- April 2020
- May 2016
- January 2013
Press Releases
- November 3, 2022
- September 29, 2022
- August 18, 2022
- June 1, 2022
- November 4, 2021
- October 1, 2021
- August 19, 2021
- November 5, 2020
- October 28, 2020
- August 20, 2020
- November 1, 2019
- September 12, 2019
- August 15, 2019
- November 1, 2018
- September 17, 2018
- August 15, 2018
- November 1, 2017
- September 20, 2017
- May 30, 2017
- November 1, 2016
- September 21, 2016
- June 6, 2016
- June 1, 2016
- November 2, 2015
- September 16, 2015
- November 3, 2014
- September 23, 2014
- November 1, 2013
- September 13, 2013
- November 1, 2012
- September 20, 2012
- June 5, 2012
- September 20, 2011
Olshan Real Estate Law Blog