Partner hkingsley@thsh.com 212-508-6760 LinkedIn
Practice Areas
Areas of Focus
- Mortgage Foreclosures
- Landlord-Tenant
Industries
Howard W. Kingsley
Partner hkingsley@thsh.com 212-508-6760 LinkedIn
Practice Areas
Areas of Focus
- Mortgage Foreclosures
- Landlord-Tenant
Industries
Howard W. Kingsley
Partner hkingsley@thsh.com 212-508-6760 LinkedIn
Practice Areas
Areas of Focus
- Mortgage Foreclosures
- Landlord-Tenant
Industries
Biography
Howard W. Kingsley is a partner in Tannenbaum Helpern’s Litigation and Dispute Resolution practice group.
Known by many as a “tenacious litigator and trial attorney,” Howard’s extensive experience includes representing clients in complex real estate, commercial and construction cases in state, federal and bankruptcy courts. Howard’s depth of experience and breadth of knowledge provides him a unique ability to create and execute a tailored approach designed to accomplish each client's objectives.
Howard’s expertise extends to representing lenders and borrowers in commercial mortgage foreclosures, which has awarded him recognition by courts through appointments as a referee and as the attorney for receivers. Howard also represents purchasers of distressed mortgage loans in foreclosure as a strategy for obtaining large and valuable vacant development sites in New York City.
Howard’s construction litigation and arbitration experience includes litigating design and defect claims and defending multi-million-dollar mechanics liens. He also represents commercial landlords in bankruptcy courts by aggressively and effectively pursing their rights, and represents REITs and well-known real estate developers and owners in myriad litigation matters. Howard’s commercial litigation experience includes representing clients in disputes between partners.
Howard is respected by clients, colleagues and peers, earning him an AV rating by Martindale and other accolades.
Touro College Jacob D. Fuchsberg Law Center (J.D.)
- Honors: Dean’s List
- Oral Advocacy Award, 1987
- Law Journal: Touro Journal of Transnational Law, Managing Editor
University of Maryland (B.S.)
Member, Rosenberg & Estis, P.C.
- New York
- United States Court of Appeals for the Second Circuit
- United States District Court Southern District of New York
- United States District Court Eastern District of New York
- United States District Court District of Connecticut
- Super Lawyers® New York Metro Area, Real Estate (2018-2024)
- Martindale-Hubbell AV Preeminent Rating
Professional:
- Court Fiduciary, Receiver, Referee
- Casey v Whitehouse Estates, Inc. __ NY3d __, 2023 WL 2529525, won reversal in New York’s highest State Court in J-51 rent overcharge class action
- Carnegie Hall Corp. v. Niffenegger, 18 Misc.3d 490. “Carnegie Hall May Evict Tenants from its Towers, Housing Court Decides,” 12/5/07 NYLJ, p. 1
- Riverside Syndicate, Inc. v. Munroe, 10 N.Y.3d 18 (2008); “Stipulation is Found to Violate Public Policy,” 4/9/07 NYLJ, p. 1
- Broome Lender LLC v Empire Broome LLC, 220 AD3d 611 (1st Dept 2023)
- Getty Properties Corp. v. Getty Petroleum Marketing Inc. (Index No. 651762/12), 150 A.D.3d 541 (1st Dept 2017); 115 A.D.3d 616 (1st Dept 2014), lv. denied 23 N.Y.3d 1006 (2014); 117 A.D.3d 578 (1st Dept 2014); 106 A.D.3d 429 (1st Dept 2013); 2013 NY Slip Op 31312(U) (Sup. Ct. N.Y. Co.); “Court Orders Warrant for Arrest of Attorney for Contempt,” 12/12/13 NYLJ, p. 1
- W&W Glass, LLC v. 1113 York Ave. Realty Co., Inc., 83 A.D.3d 438 (1st Dept 2011), reversed and vacated $9 million judgment
- 501 East 87th St. Realty Co., LLC v. Ole Pa Enterprises Inc., 191 Misc.2d 796, aff’d 304 A.D.2d 310 (1st Dep’t 2003), evicted famous rock musician Noto v. Bedford Apts. Co., 21 A.D.3d 762, (1st Dept 2005)
- Rosenberg & Estis, P.C. v. Bergos, 18 A.D.3d 218, (1st Dept 2005)
- GMS Capital Corp. v. Siegmund Spiegel/Baldur Peter, P.C., 251 A.D.2d 542, (2d Dept 1998)
- Mobayed v. Kleinfeld, 172 F.3d 38 (2d Cir. 1999)
- 2 Montauk Highway LLC v. Global Partners LP, 296 F.R.D. 94 (E.D.N.Y. 2013), motion to dismiss granted
- Alstra Capital Management LLC v. PGREF I 1633 Broadway Tower LP, 2009 WL 2905759 (Bankr. S.D.N.Y.), obtained summary judgment and defeated preliminary injunction motion by a commercial tenant seeking to prevent its eviction of an entire floor of class A office space
- Getty Properties Corp. v. Getty Petroleum Marketing Inc. (Index no. 652752/11): R&E represented the REIT in connection with a $5 million/month lease for 800 properties in 12 states. The landlord terminated the lease and obtained a mandatory injunction requiring the tenant to place into escrow all rents it received from hundreds of subtenants, which, as intended, forced the tenant to file for bankruptcy protection. R&E represented the landlord in the bankruptcy court. In the ensuing fall-out, R&E obtained possession of many properties in other litigations throughout the state of NY.
- 20 West 98 Realty LLC v. New York Province of the Society of Jesus, 8 Misc.3d 1020(A)
- Author, Borrower’s Common Defenses in Mortgage Foreclosures Negated, New York Law Journal, 2024
- Author, NY Commercial Landlords Should Beware New Housing Law, Law360, 2019
- Co-Author, Mitigation of Damages: What is the Story? Two Decisions Leave Questions, New York Law Journal, 2004
- Co-Author, Lenders Are Awarded Post-Foreclosure Rights, N.Y. Real Property Law Journal, 1999
Representative Clients:
- Paramount Group, Inc.
- The Related Companies, LP
- Douglaston Development and Clinton Management (affiliates of Levine Builders)
- Bolla Oil
- Hirschfeld Properties
- Global Partners/Alliance Energy
- John Hancock Life & Health Insurance Company
- Carnegie Hall
- Kushner Companies
- Solow Management Corp.
- Getty Properties
- The Bank of New York Mellon Trust Company, National Association, as Trustee
Howard W. Kingsley is a partner in Tannenbaum Helpern’s Litigation and Dispute Resolution practice group.
Known by many as a “tenacious litigator and trial attorney,” Howard’s extensive experience includes representing clients in complex real estate, commercial and construction cases in state, federal and bankruptcy courts. Howard’s depth of experience and breadth of knowledge provides him a unique ability to create and execute a tailored approach designed to accomplish each client's objectives.
Howard’s expertise extends to representing lenders and borrowers in commercial mortgage foreclosures, which has awarded him recognition by courts through appointments as a referee and as the attorney for receivers. Howard also represents purchasers of distressed mortgage loans in foreclosure as a strategy for obtaining large and valuable vacant development sites in New York City.
Howard’s construction litigation and arbitration experience includes litigating design and defect claims and defending multi-million-dollar mechanics liens. He also represents commercial landlords in bankruptcy courts by aggressively and effectively pursing their rights, and represents REITs and well-known real estate developers and owners in myriad litigation matters. Howard’s commercial litigation experience includes representing clients in disputes between partners.
Howard is respected by clients, colleagues and peers, earning him an AV rating by Martindale and other accolades.
Touro College Jacob D. Fuchsberg Law Center (J.D.)
- Honors: Dean’s List
- Oral Advocacy Award, 1987
- Law Journal: Touro Journal of Transnational Law, Managing Editor
University of Maryland (B.S.)
Member, Rosenberg & Estis, P.C.
- New York
- United States Court of Appeals for the Second Circuit
- United States District Court Southern District of New York
- United States District Court Eastern District of New York
- United States District Court District of Connecticut
- Super Lawyers® New York Metro Area, Real Estate (2018-2024)
- Martindale-Hubbell AV Preeminent Rating
Professional:
- Court Fiduciary, Receiver, Referee
- Casey v Whitehouse Estates, Inc. __ NY3d __, 2023 WL 2529525, won reversal in New York’s highest State Court in J-51 rent overcharge class action
- Carnegie Hall Corp. v. Niffenegger, 18 Misc.3d 490. “Carnegie Hall May Evict Tenants from its Towers, Housing Court Decides,” 12/5/07 NYLJ, p. 1
- Riverside Syndicate, Inc. v. Munroe, 10 N.Y.3d 18 (2008); “Stipulation is Found to Violate Public Policy,” 4/9/07 NYLJ, p. 1
- Broome Lender LLC v Empire Broome LLC, 220 AD3d 611 (1st Dept 2023)
- Getty Properties Corp. v. Getty Petroleum Marketing Inc. (Index No. 651762/12), 150 A.D.3d 541 (1st Dept 2017); 115 A.D.3d 616 (1st Dept 2014), lv. denied 23 N.Y.3d 1006 (2014); 117 A.D.3d 578 (1st Dept 2014); 106 A.D.3d 429 (1st Dept 2013); 2013 NY Slip Op 31312(U) (Sup. Ct. N.Y. Co.); “Court Orders Warrant for Arrest of Attorney for Contempt,” 12/12/13 NYLJ, p. 1
- W&W Glass, LLC v. 1113 York Ave. Realty Co., Inc., 83 A.D.3d 438 (1st Dept 2011), reversed and vacated $9 million judgment
- 501 East 87th St. Realty Co., LLC v. Ole Pa Enterprises Inc., 191 Misc.2d 796, aff’d 304 A.D.2d 310 (1st Dep’t 2003), evicted famous rock musician Noto v. Bedford Apts. Co., 21 A.D.3d 762, (1st Dept 2005)
- Rosenberg & Estis, P.C. v. Bergos, 18 A.D.3d 218, (1st Dept 2005)
- GMS Capital Corp. v. Siegmund Spiegel/Baldur Peter, P.C., 251 A.D.2d 542, (2d Dept 1998)
- Mobayed v. Kleinfeld, 172 F.3d 38 (2d Cir. 1999)
- 2 Montauk Highway LLC v. Global Partners LP, 296 F.R.D. 94 (E.D.N.Y. 2013), motion to dismiss granted
- Alstra Capital Management LLC v. PGREF I 1633 Broadway Tower LP, 2009 WL 2905759 (Bankr. S.D.N.Y.), obtained summary judgment and defeated preliminary injunction motion by a commercial tenant seeking to prevent its eviction of an entire floor of class A office space
- Getty Properties Corp. v. Getty Petroleum Marketing Inc. (Index no. 652752/11): R&E represented the REIT in connection with a $5 million/month lease for 800 properties in 12 states. The landlord terminated the lease and obtained a mandatory injunction requiring the tenant to place into escrow all rents it received from hundreds of subtenants, which, as intended, forced the tenant to file for bankruptcy protection. R&E represented the landlord in the bankruptcy court. In the ensuing fall-out, R&E obtained possession of many properties in other litigations throughout the state of NY.
- 20 West 98 Realty LLC v. New York Province of the Society of Jesus, 8 Misc.3d 1020(A)
- Author, Borrower’s Common Defenses in Mortgage Foreclosures Negated, New York Law Journal, 2024
- Author, NY Commercial Landlords Should Beware New Housing Law, Law360, 2019
- Co-Author, Mitigation of Damages: What is the Story? Two Decisions Leave Questions, New York Law Journal, 2004
- Co-Author, Lenders Are Awarded Post-Foreclosure Rights, N.Y. Real Property Law Journal, 1999
Representative Clients:
- Paramount Group, Inc.
- The Related Companies, LP
- Douglaston Development and Clinton Management (affiliates of Levine Builders)
- Bolla Oil
- Hirschfeld Properties
- Global Partners/Alliance Energy
- John Hancock Life & Health Insurance Company
- Carnegie Hall
- Kushner Companies
- Solow Management Corp.
- Getty Properties
- The Bank of New York Mellon Trust Company, National Association, as Trustee