FacultyFaculty/Author Profile
Mitchell D. Haddad

Mitchell D. Haddad

Sills Cummis & Gross P.C.

New York, NY, USA


SPECIALTY:       Litigation, Real Estate

AREAS OF EMPHASIS

Complex Real Estate Litigation Complex Commercial Litigation

EDUCATION

  • J.D., Brooklyn Law School, 1986
  • B.A., Queens College, C.U.N.Y., 1982

 

MITCHELL D. HADDAD is a Member of the Sills Cummis & Gross Litigation Department, and is resident in the Firm’s New York office. He focuses on complex real estate and commercial litigation, creditors’ rights, workouts and corporate litigation. He has first chaired numerous trials, argued appeals and participated in arbitrations and mediations on a wide variety of matters. He works with clients and the Firm’s Real Estate Department on transactions in order to resolve issues and disputes prior to and as a means to resolve potential litigation.

Mr. Haddad represents domestic and international companies, lenders, borrowers, real estate owners and developers, and commercial landlords and tenants. He prosecutes, defends and advises on complex commercial mortgage and UCC foreclosure actions, valuation proceedings, vendor-purchaser litigation, complex commercial landlord-tenant matters, Fair Housing Act and housing discrimination matters, not-for-profit and religious corporation transaction approval proceedings, zoning, title and land use issues, mechanic’s lien litigation, and general commercial torts, partnership, joint venture and corporate litigation and matters involving real estate entities.

Since joining Sills Cummis & Gross in 2006, Mr. Haddad’s major real estate related matters included defending an action seeking specific performance of a long-term lease  for  the  development  and  operation  of  a  midtown  Manhattan  hotel  or, alternatively, $100 million in damages.  In 2014, he obtained and collected upon a $25 million deficiency judgment following a 12-day hearing.  In 2011, he obtained $95 million judgment and a $45 million judgment in favor of two separate lenders, and defended a developer in an action to foreclose upon a $17 million second mortgage encumbering an entire city block in Brooklyn, New York. Mr. Haddad was trial counsel and obtained a preliminary injunction in the Eastern District of the United States District Court enforcing a non-compete and non-disclosure agreement in connection with a failed corporate merger, which was upheld on appeal by the Second Circuit.  Mr. Haddad obtained summary judgment dismissing claims seeking $25 million in damages for breach of contract and fraud arising out of an oral joint venture agreement to develop real property, and successfully defended the Eastern Section of the United States Tennis Association in multiple state court proceedings to overturn an election of officers and directors.

Prior to joining Sills Cummis & Gross, Mr. Haddad spent thirteen years at Weil Gotshal & Manges LLP, where, among other major matters, he successfully led teams of attorneys foreclosing upon a portfolio of commercial mortgages on behalf of a leading international lender, and repossessing a jumbo jet in Miami, Florida leased by an international airline. He coordinated and supervised outside counsel in successfully liquidating more than twenty recycling facilities in nine states pursuant to an assignment for the benefit of creditors on behalf of a secured creditor. He represented a major international corporation in arbitration to determine the fair annual market rental value for the last five years of a multi-floor lease term, in which the arbitrator determined that the value was $20 million less than the landlord had sought. Mr. Haddad succeeded at both the trial and appellate levels in a case in which the plaintiff sought – and was denied – various easements to a private park and a private street in lower Manhattan. He successfully led a team that obtained a judgment in excess of $24 million arising out of a development in Boston, MA, and represented a consortium of institutional lenders in prosecuting the foreclosure of membership interests in a limited liability company that owned and operated a power generating facility in Connecticut.

Mr. Haddad has been selected for inclusion in the 2012-2015 editions of New York Metro Super Lawyers®* published by Thompson Reuters under Real Estate.

*For ranking methodology, please see www.superlawyers.com.

RELATED AFFILIATIONS

  • Faculty Member, Practicing Law Institute (2011 – present)
  • General Counsel, United States Tennis Association, Eastern Section (2007 and 2008)

RELATED PUBLICATIONS

  • “Real Estate Litigation: A Toolkit for Transactional Lawyers,” Practicing Law Institute Publication, November 2011-2014; December 2015

RELATED SEMINARS

  • “Real Estate Litigation: A Toolkit for Transactional Lawyers,” presented at the Practicing Law Institute’s 17th Annual Commercial Real Estate Institute (December 2015)
  • “Real Estate Litigation: A Toolkit for Transactional Lawyers,” presented at the Practicing Law Institute’s 16th Annual Commercial Real Estate Institute (November 2014)
  • “Real Estate Litigation: A Toolkit for Transactional Lawyers,” presented at the Practicing Law Institute’s 15th Annual Commercial Real Estate Institute (November 2013)
  • “Real Estate Litigation: A Toolkit for Transactional Lawyers,” presented at the Practicing Law Institute’s 14th Annual Commercial Real Estate Institute (November 2012)
  • “A Special Asset Officers Guide to Cure Options: Lessons Learned for Loan: Documentation Deficiencies Including Avoiding Lender Liability” presented at IMN’s 3rd Annual Bank and Financial Institutions Special Asset Executive Conference on Real Estate Workouts Conference (March 2012)
  • “Facebook: Get the Picture, Discovery and Admission of Internet Evidence in Personal Injury Defense Litigation” CLE presented to Travelers Insurance (March 2012) and presented at the Firm’s New York office to clients and potential clients (January 2012)
  • “Real Estate Litigation: A Toolkit for Transactional Lawyers,” presented at the Practicing Law Institute’s 13th Annual Commercial Real Estate Institute (November 2011)

BAR ADMISSIONS

  • New York
  • New Jersey
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, District of New Jersey
  • U.S. Court of Appeals, Second Circuit
Mitchell D. Haddad is associated with the following items:
CHB Chapters  CHB Chapters The Real Estate Litigation Primer for the Transactional Lawyer (August 2016) - Commercial Real Estate Institute (18th Annual), Thursday, November 10, 2016
The Real Estate Litigation Primer for the Transactional Lawyer (August 2016) - 19th Annual Commercial Real Estate Institute, Wednesday, October 25, 2017
Live Seminar  Live Seminar 19th Annual Commercial Real Estate Institute, Monday, December 04, 2017, New York, NY
Live Webcast  Live Webcast 19th Annual Commercial Real Estate Institute, Monday, December 04, 2017, New York, NY
PLI Grpcast-Live Web  PLI Grpcast-Live Web 19th Annual Commercial Real Estate Institute, Monday, December 04, 2017, Atlanta, GA
19th Annual Commercial Real Estate Institute, Monday, December 04, 2017, New Brunswick , NJ
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