Gary I. Lerner is an attorney and Partner for the Commercial Litigation Law group in Davidoff Hutcher & Citron’s New York City office, concentrating in complex commercial litigation. Mr. Lerner has over 25 years of experience handling all aspects of cases in federal and state courts in New York and other jurisdictions, as well as arbitrations and mediations involving:
- Breaches of Contract
- Business Divorce
- Business Torts
- Commercial Real Estate
- Professional Liability
- Restrictive Covenant
- Theft of Trade Secrets
- Commercial Disputes
Prior to joining the team at Davidoff Hutcher & Citron, Mr. Lerner was a commercial litigator at Cohen Lans LLP, Slotnick Shapiro & Crocker LLP, and Proskauer LLP. He has first-chaired several trials and arbitrations and argued many appeals. Notable reported decisions include a string of cases in which he represented a Manhattan Cooperative and its Board of Directors against a problem tenant. Mr. Lerner successfully defended the building and its individual Board members through multiple levels of appeal by the tenant in two separate actions against claims of breach of contract, breach of fiduciary duty, breach of the warranty of habitability, and constructive eviction.
NOTABLE CASES
- Cankat v. Fu Hua Inc., 2017 WL 3760535 (E.D.N..Y. 2017): Successfully defended landlord against Americans With Disabilities Act claims by a professional plaintiff arising out of the operations of the tenant’s restaurant on the premises; the court granted judgment on the pleadings
- Hixon v. 12-14 E. 64th Owners Corp., 107 A.D.3d 546 (1st Dep’t 2013)
- 12-14 E. 64th Owners Corp. v. Hixon, 38 Misc. 3d 135(A) (App. Term 1st Dep’t 2013)
- Hixon Results: Successfully defended co-op and its individual Board members against breach of contract and breach of fiduciary duty claims; action dismissed on a pre-answer motion
- DeFalco v. New Jersey Semi-Conductor Products, Inc., 2012 WL 161801 (D. N.J. 2012): Successfully defended employer’s president against the claim that he aided and abetted the company’s purported Title VII violations; claims dismissed on a pre-answer motion
- Figaro Systems Inc. v. Metropolitan Opera Association, Inc., 2007 WL 7337826 (D. N.M. 2004): Successfully defended the Metropolitan Opera and its General Director from claims by the inventor of “Met Titles” system of electronic libretto: court dismissed on pre-answer motion for lack of personal jurisdiction
- Cantor Fitzgerald Inc. v. Cantor Fitzgerald L.P., 293 A.D.2d 298 (1st Dept. 2002): Represented widow of the founder of Cantor Fitzgerald in a number of partnership disputes with founder’s protégé, Howard Lutnick. In this action, the court dismissed Lutnick’s claim that the widow’s entity (CFLP) was responsible for certain tax obligations of Lutnick’s entity (CFI).
- Red Cap Valet, Ltd. v. Hotel Nikko (USA), Inc., 273 A.D.2d 289 (2d Dept. 2000): Successfully represented employee of Essex House Hotel in action alleging defamation of independent contractor to her employer; court dismissed on a pre-answer motion
- Matter of Vetco, Inc., 260 A.D.2d 642 (2d Dept. 1999): Corporate dissolution action wherein the court ruled favorably to the client on the issue of the proper valuation date for the purchase of the Petitioner’s shares
PUBLICATIONS
- Co-Author (with Deborah E. Lans), Commercial Litigation in New York State Courts, Second Edition, ed., Robert L. Haig, Chapter 33 (Jury Selection) (2007)
