John M. Desiderio

John M. Desiderio, Partner and 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:

  • Bacolitsas v. 86th & 3rd Owner LLC, 702 F3d 673 (2d Cir. 2012)
  • Sykes v. RFD Third Avenue 1 Associates, LLC, 15 NY3d 370 (2010)
  • B.P. Vance Real Estate, Inc. v. Tamir, 42 AD3d 343, 839 NYS 2d 494 (1st Dept. 2007)
  • New York Ave. Car Wash LLC v. Aqua Car Wash & Detailing, Inc., 22 AD3d 729, 804 NYS2d (2d Dept. 2005)
  • Million Gold Realty Co. v. SE&K Corp., 4 AD3d 196, 772 NYS2d 271 (1st Dept. 2004).
  • Nutritional Health Alliance v. Food and Drug Administration, 318 F3d 92 (2d Cir.2003)
  • Anthony Gangi v. Solgar Co., Inc., 267 AD2d 350, 699 NYS2d 922 (2d Dept. 1999)
  • Alleghany Pharmacal Corporation, et al v. Parbel of Florida, Inc., 226 AD2d 104, 640 NYS2d 507 (1st Dept. 1996)
  • Shulton, Inc. v. Optel Corporation, et al, 698 F. Supp. 61 (D.N.J. 1988)
  • Frank Saltz & Sons, Inc. v. Hart Schaffner & Marx, 1985-2 Trade Cas. (CCH) 66,768 (S.D.N.Y. 1985)
  • Mobil Oil Corp. v. Rubinfeld, 40 NY2d 936 (1976)
  • Hirschorn v. Attorney General, 93 Misc.2d 275, 402 NYS2d 520 (Supreme Court, NY County, 1978)

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.