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John M. Desiderio

John M. Desiderio, Chair of the Real Estate Litigation Practice Group, has been a practicing attorney in New York City for over forty years. His practice is concentrated in cooperative/condominium representation, real estate litigation, title litigation, mortgage foreclosures, and counseling in antitrust and trade regulation matters.

John M. Desiderio is rated by Martindale-Hubbell as “AV Preeminent” signifying the “Highest Possible Rating in Both Legal Ability and Ethical Standards.” Mr. Desiderio has been rated “AV Preeminent” by Martindale-Hubbell for over 30 years and has been named a Super Lawyer in the New York Metro Area.

Mr. Desiderio received his A.B. degree from Fordham University in 1963, an LL.B. degree from the University of Pennsylvania Law School in 1966, and an LL.M. degree from New York University School of Law in 1969. He served as a Captain in U.S. Army Intelligence from 1966 to 1968.

From 1969 to 1980, Mr. Desiderio was an Assistant New York State Attorney General under Attorneys General Louis Lefkowitz and Robert Abrams, and from 1972 to 1980 he served as Chief of the Attorney General’s Anti-Monopolies (now Antitrust) Bureau. He entered private practice in 1981 and represented clients in antitrust, Civil Rico, real estate, and general civil litigation. From 1989 to February 1999, he was a member of a prestigious litigation firm.

He has extensive experience in conducting and defending depositions and in conducting trials and arguing appeals in both New York State and federal courts.

Mr. Desiderio has extensive litigation experience in representing both landlords and tenants in commercial and residential real estate litigation. His cases in this area have involved issues relating to ownership of title to property, the right to enforce contracts of sale, landlord obligations to furnish habitable dwellings, tenant obligations to meet conditions of their tenancy, and the applicability of common law and statutory warranties to newly constructed or converted condominium and cooperative apartments. Mr. Desiderio also leads the firm’s American with Disabilities Act defense practice.

Mr. Desiderio’s reported cases include:

  • New York State Supreme Court Appellate Division
    Adam Leitman Bailey, P.C. Prevails in Getting Clients’ Application for Attorneys’ Fees Awarded

    Adam Leitman Bailey, P.C. Prevails in Getting Clients’ Application for Attorneys’ Fees Awarded

    James Sykes, et al., Plaintiffs-Appellants, -against- RFD Third Avenue I Associates, LLC. Defendant- Respondent April 10, 2007 Trevor Davis, et al., Defendants. Adam Leitman Bailey, P.C. , New York (William J. Geller of counsel), for appellants. Background: Purchasers of real property sought to recover legal fees following release of monies held in escrow in connection with litigation against sellers. The Supreme Court, New York County, Louis Crespo, Special Referee, denied fee application, and purcha s- ers appealed. Holding: The Supreme...

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  • Photo of a car wash
    New York Ave. Car Wash, LLC v. Aqua Car Wash and Detailing, LLC

    New York Ave. Car Wash, LLC v. Aqua Car Wash and Detailing, LLC

    New York Ave. Car Wash, LLC v Aqua Car Wash & Detailing, Inc. 2005 NY Slip Op 07937 Decided on October 24, 2005 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. Decided on October 24, 2005 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT A. GAIL PRUDENTI, P.J. HOWARD MILLER...

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  • Appellate Division of the Supreme Court in the First Judicial Department
    Adam Leitman Bailey, P.C. Defeats Plaintiff’s Claim of Right of First Refusal, Defendants Can Enter Into the Contract With a Third Party

    Adam Leitman Bailey, P.C. Defeats Plaintiff’s Claim of Right of First Refusal, Defendants Can Enter Into the Contract With a Third Party

    8.3.2.3.V2 Million Gold Realty Co., Inc. v. S.E. & K. Corp. N.Y.A.D. 1 Dept.,2004. Supreme Court, Appellate Division, First Department, New York. MILLION GOLD REALTY CO., INC., Plaintiff-Appellant, v. S.E. & K. CORP., Defendant-Respondent. Action No. 1. Million Gold Realty Co., Inc., Plaintiff-Appellant, v. S.E. & K. Corp., et al., Defendants-Respondents. Action No. 2. Million Gold Realty Co., Inc., Plaintiff-Appellant, v. S.E. & K. Corp., et al., Defendants-Respondents. Action No. 3. Feb. 19, 2004. Background: Action was brought against landowners...

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  • FDA logo
    Nutritional Health Alliance v. Food and Drug Administration

    Nutritional Health Alliance v. Food and Drug Administration

    NUTRITIONAL HEALTH ALLIANCE, Plaintiff–Appellant, v FOOD AND DRUG ADMINISTRATION and Donna Shalala, in her official capacity as Secretary, U.S. Departmentof Health and Human Services, Defendants–Appellees. Docket No. 01–6011. United States Court of Appeals,Second Circuit. Argued: Nov. 6, 2001. Decided: Jan. 21, 2003. Association of dietary supplement manufacturers brought suit for declaratory and injunctive relief regarding enforcement of dosage-unit packaging rule promulgated by the Food and Drug Administration(FDA). The United States District Court for the Eastern District of New York, Sterling...

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  • Photo of New York City buildings
    Anthony Gangi v. Solgar Co., Inc.

    Anthony Gangi v. Solgar Co., Inc.

    Gangi v. Solgar Co., Inc. 267 A.D.2d 350, 699 N.Y.S.2d 922 N.Y.A.D.,1999. 267 A.D.2d 350699 N.Y.S.2d 922, 1999 WL 1220169, 1999 N.Y. Slip Op. 10869 Anthony Gangi, Appellant, et al., Plaintiff, v. Solgar Co., Inc., Respondent, et al., Defendants.Supreme Court, Appellate Division, Second Department,New York(December 20, 1999) CITE TITLE AS : Gangi v Solgar Co. In an action, inter alia, to set aside personal guarantees,the plaintiff Anthony Gangi appeals, as limited by his brief, from so much of a judgment...

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  • Photo of New York City timeline
    Alleghany Pharmacal Corporation, et al. v. Parbel of Florida, Inc.

    Alleghany Pharmacal Corporation, et al. v. Parbel of Florida, Inc.

    Alleghany Pharmacal Corp. v. Parbel of Florida,Inc. 226 A.D.2d 104, 640 N.Y.S.2d 507 N.Y.A.D.,1996. 226 A.D.2d 104640 N.Y.S.2d 507, 1996 WL 154987 Alleghany Pharmacal Corporation et al., Respondents-Appellants, v. Parbel of Florida, Inc., Appellant-Respondent. Alleghany Pharmacal Corporation et al., Respondents, v. Parbel of Florida, Inc., Appellant. Supreme Court, Appellate Division, First Department,New York (April 2, 1996) CITE TITLE AS Alleghany Pharmacal Corp. v Parbel of Fla. Order, Supreme Court, New York County (Ira Gammerman, J.), entered April 18, 1994, which...

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  • Photo of New York City buildings
    Shulton, Inc. v. Optel Corporation

    Shulton, Inc. v. Optel Corporation

    United States District Court,D. New Jersey. SHULTON, INC., a New Jersey corporation, Plaintiff, v OPTEL CORPORATION, a Delaware corporation,et al, Defendants. Civ. A. No. 85-2925. Oct. 28, 1988. Seller brought action against buyer under state and federal racketeering law, claiming that buyer had fraudulently induced seller to charge lower export price for its product by representing that product would be sold abroad rather than domestically, while product was in fact sold domestically. On seller’s in limine motion regarding appropriate scope...

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During 2014-2016, Mr. Desiderio was a member of the Departmental Disciplinary Committee of the First Department of the Appellate Division of the New York State Supreme Court.

Mr. Desiderio is a member of the New York State Bar Association (NYSBA) Real Property Law Section and of that Section’s Committee on Condo and Co-op Law. He is a former member of the Executive Committee of the NYSBA Antitrust Section, past Chair of the NYSBA Committee on New York State Antitrust Law, and a past Chair of the New York County Lawyers Association Committee on Trade Regulation.

Mr. Desiderio is the co-author of Chapter 39 of Commercial Leasing (Third Edition, 2017, Joshua Stein, Editor-in-Chief), a New York State Bar Association publication, entitled “The Essential Guide to the Most Important Clause in a Commercial Lease: The Default Clause.” In addition, he has authored or co-authored numerous articles on real estate law published in the New York Law Journal and other real estate periodicals. He has also authored articles on antitrust law and food and drug law for other publications.

Mr. Desiderio is also a Member of the Board of Governors of the Columbus Citizens Foundation, Inc., the Nation’s most prestigious Italian-American philanthropic organization.

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