Bryan Kishner Biography

Bryan Kishner founded the firm in 1998.  He has always concentrated his practice in real estate transactions and business litigation.  As the firm grew, it continued in that dual practice mode.

In litigation, Mr Kishner focuses on complex commercial cases.  He is an experienced litigator who has handled numerous matters from beginning to end, including trying cases and winning verdicts for clients.  Mr. Kishner’s cases typically involve real estate issues, business disputes, breach of contract, fraud, breach of fiduciary duty, construction defects, and brokerage commission disagreements.  His clients include financial institutions, corporations, property owners, sponsors and developers, contractors and construction professionals, and condo and co-op boards.  He is frequently called upon to undertake difficult and highly contentious matters.

In particular, prominent players in the New York City real estate industry often engage Mr. Kishner when confronting serious business disputes.  He draws on his extensive experience in development, finance, land use and corporate governance to help clients accomplish their goals pragmatically.  Mr. Kishner also often represents professionals, such as attorneys, physicians, architects and other business owners, in disputes involving the management or breakup of their businesses.  Similarly, high-net-worth individuals and families, as well as financial institutions, turn to Mr. Kishner to resolve significant, sometimes highly-charged trust and estate disputes.

In addition to trial practice, Mr. Kishner has substantial experience handling appeals, in both federal and state court.  He also represents clients in alternative dispute resolution proceedings, such as mediation and arbitration.  Throughout his career, Mr. Kishner has recognized how significantly a legal dispute can affect a person’s life or a business’s success, and he approaches every matter with a “personal touch” that puts his client’s well-being first and foremost.

On the real estate side, Mr. Kishner has handled countless transactions and all manner of deal structures.  He represents clients for residential purchases and sales involving condominiums, cooperatives, townhouses, multi-family dwellings and large apartment buildings.  He handles sophisticated commercial transactions, including acquisitions, sales and leasing.  He assists clients in negotiating deal terms, and prepares and negotiates the transaction documents.  He has, therefore, drafted many purchase-and-sale agreements, space and ground leases, financing instruments, construction contracts, project development and air rights agreements, zoning lot agreements, and more.  Because his practice is multi-faceted, Mr. Kishner represents all players, both landlords and tenants, buyers and sellers, and lenders and borrowers in the real estate world.  Likewise, he represents condo and co-op boards and individual board members, as well as clients confronting financial distress in a real estate context.

Prior to starting the firm, Mr. Kishner was a partner in the New York City firm Siegel, Sommers & Schwartz, LLP.  He speaks frequently to real estate groups (some recent speaking engagements are noted below) on myriad issues in the real estate world.

Representative Matters

Commercial & Real Estate Litigation

  • Represented the purchaser of a new-construction condominium unit in a lawsuit against the condominium sponsor and its principals for major construction defects, resulting in a favorable settlement prior to trial
  • Represented family members in a contentious intra-family dispute, successfully recovering assets for the family members
  • Represented a building owner in preventing significant property injury and encroachment from a neighboring development project
  • Represented a major diamond dealer in recovering damages exceeding one million dollars due to the defendant’s delivery of defective goods
  • Represented a building owner on a claim against its insurer for denying casualty coverage under the policy, successfully obtaining coverage for the client
  • Defended a major developer on a claim that it caused substantial harm to a neighboring property, succeeding on the client’s defense to the claim
  • Represented a client on its claim of fraudulent inducement of a substantial real estate sales contract, winning relief that declared the contract null and void
  • Defended the board of managers of a multi-unit condominium on a resident’s claims of bad faith conduct and breach of fiduciary duty, resulting in a no-liability determination
  • Represented a contractor on its claim that the developer wrongfully terminated it from a major construction project, resulting in a significant damages award for the client
  • Represented a commercial real estate broker who was not paid a substantial commission under an oral brokerage agreement, resulting in the broker being awarded its commission

Transactional Matters

  • Over his years of practice, Mr. Kishner has handled transactions too numerous to single out.  He has successfully handled a wide variety of real estate transactions, involving the full array of complex issues arising in the industry, and for many leading industry participants.

Professional Activities

New York State Bar Association

New York City Bar Association

Recent Speaking Engagements

“Townhouse, Condominium and Cooperative Due Diligence,” for Assured Abstract Services, LLC, Continuing Education Seminar, New York, New York, November 17, 2017

“Townhouse, Condominium and Cooperative Due Diligence,” for Wells Fargo and Assured Abstract, LLC, September 11, 2017

“Working with Your Attorney: Practical Tips for a Quick Contract Signing and Easy Closing,” for Langdon Title Agency, Continuing Education Seminar, New York, New York, November 10, 2016

“The New York Real Estate Transaction – Everything You Need to Know from Pre-Contract to Closing,” for Langdon Title Agency, Continuing Education Seminar, New York, New York, October 27, 2016

“Investing in Condominium and Cooperative Apartments – The Purchase & Sale of Residential Property in New York,” for Wells Fargo and Title Vest Agency, May 19, 2016

“The New York Real Estate Transaction: What You Need to Know from Pre-Contract to Closing,” for Langdon Title Agency, Continuing Education Seminar, New York, New York, March 31, 2016

“Condominium Offering Plans: A Broker’s Perspective,” for Langdon Title Agency Continuing Education Seminar, New York, New York, October 29, 2015

“New Condominium Development Rights Issues,” in conjunction with MANAR/TitleVest Agency, New York, New York, October 29, 2015

“New Condominium Development and Its Unique Issues,” for Langdon Title Agency Continuing Education Seminar, New, York, New York, September 17, 2015

“Owning the Sky in New York: Fundamentals of Zoning Lot Mergers and Transfers of Development Rights in New York City,” Bond Brokerage Company, New York, New York, August 13, 2014

“Real Estate Matters: Unique Issues in New Condominium Construction,” for TitleVest Agency Continuing Education Seminar, New York, New York, June 12, 2014

“The Contract of Sale: How to Think Like an Attorney,” for Langdon Title Agency Continuing Education Seminar, New York, New York, March 12, 2014

“Development Rights: The Essentials,” for TitleVest Services Continuing Education Seminar, New York, New York, March 6, 2014

“Condominium Essentials,” for TitleVest Agency Continuing Education Seminar, New York, New York, February 26, 2014


Touro College Jacob D. Fuchsberg Law Center (J.D. 1990, Magna Cum Laude)

Roanoke College (B.A. 1986)

Bar & Court Admissions

New York
U.S. Court of Appeals for the Second Circuit