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Lowell D. Willinger

Lowell D. Willinger

Of Counsel since 2003
Location:
Rye Brook, New York
Phone:
914-358-3500
Fax:
914-701-0707
Email:

Lowell D. Willinger has been engaged in the private practice of real estate law for more than thirty years, concentrating on real estate finance and development and commercial and office leasing. He is of counsel to N.W. Bernstein & Associates, LLC providing real estate law assistance to the clients of the firm.

Employment:

Proskauer Rose LLP - August 1982 to May 2003

Senior Counsel in Real Estate Department since 1986; one of the first two Senior Counsel elected at the firm.

Extensive experience in conveyancing, commercial leasing and mortgaging of properties. Aided the firm's representation of numerous syndicated limited partnerships in, and conducted transactions involving, the ownership, sale and financing of major office building and shopping center projects throughout the country. Represented individuals and companies in acquisition and development and construction of facilities in New York and elsewhere, including structuring of transactions to alleviate tax impact and to address clients' other concerns.

On behalf of Iota Hancock Mutual Life Insurance Company, negotiated leases of office space of approximately 100,000 and more rentable square feet with each of Citibank, Manufacturers Hanover Trust Company (now J.P.Morgan Chase), The Daily News, The City of New York and WNET. In fair market rent review arbitrations, represented ownership in its successful establishment of favorable rentals under its leases with tenants. On behalf of numerous tenants, negotiated commercial, office lease and shopping center leases throughout the country, involving extensive leasehold improvements and complex construction issues.

Bar Associations and Publications:

Member of the Committee on Real Property Law and of the Cooperative and Condominium Law Committee of the New York City Bar Association, member of the Joint Committee on Legal Referral Service of the New York City Bar Association and The New York County Lawyers' Association, member of the joint subcommittee of the New York City Bar Association formulating the Cooperative and Condominium Mediation Project, and member of the Real Property Law Committee of the New York State Bar Association. Helped prepare new model forms of office lease and contract of sale in New York City on behalf of the Committee on Real Property Law; helped prepare model form of Intercreditor Agreement; currently on subcommittee preparing model form of ground lease.

Former editor of Metes & Bounds, a publication of the Committee on Real Property Law and an author of a lead article in the Fall 1997 issue: "Zoning Against Cellular and Radio Towers." Author of an article in the Spring 2000 issue: "Preparation of Residential Contract of Sale by Real Estate Brokers."

In the summer of 2000, helped draft letter on behalf of the New York City Bar Association which, with other letters, urged the Governor to veto the then proposed Property Conditions Disclosure Act, which in fact the Governor subsequently did veto, and which in substantially modified form was ultimately enacted.

Author of article on August 20, 2001 in New York Law Journal: "Brokers Preparing Sale Contracts".

Areas of Practice

  • Business & Commercial Law
  • Contracts
  • Business Organizations
  • Real Estate Law
  • Land Use & Zoning
  • Landlord/Tenant

Bar Admissions

  • New York, 1968
  • U.S. Court of Appeals 2nd Circuit, 1971
  • U.S. Supreme Court, 1971

Education

  • Harvard University Law School, Cambridge, Massachusetts
    • LL.B.
  • Cornell University College of Arts & Sciences, Ithaca, New York
    • B.A. - 1964
    • Major: Economics

Published Works

  • "Zoning Against Cellular and Radio Towers", Fall, 1997
  • "Preparation of Residential Contract of Sale by Real Estate Brokers", Spring, 2000
  • "Brokers Preparing Sale Contracts", New York Law Journal, August, 2001

Professional Associations and Memberships

  • New York City Bar Association, Member, Real Property Law Committee
  • New York City Bar Association, Member, Cooperative Law Committee
  • New York City Bar Association, Member, Condominium Law Committee
  • New York City Bar Association, Member, Joint Committee on Legal Referral Service
  • The New York County Lawyers' Association, Member, Joint Committee on Legal Referral Service
  • New York City Bar Association, Member, Joint Subcommittee
  • New York State Bar Association, Member, Real Property Law Committee
  • Metes & Bounds, Former Editor, Real Property Law Committee

Past Employment Positions

  • Carb Luria Glassner Cook & Kufeid, Associate, 1978 - 1982
  • Goldstein Gurfein Shames & Hyde, Associate, 1969 - 1978
  • Hofheimer Gartlir Gottlieb & Gross, Associate, 1968 - 1969
  • Proskauer Rose LLP, Senior Counsel
Firm News & Articles

For Norm Bernstein's views on the CERCLA 107/113 issue as expressed in the "Voluntary vs. Compelled Cleanup" section of the recent Bloomberg BNA article (p. 2) titled "Finding the Divide Between CERCLA Cost Recovery and Contribution Actions," click here. Reproduced with permission from Toxics Law Reporter, 30 TXLR 235 (March 5, 2015). Copyright 2015 by The Bureau of National Affairs, Inc. (800-372-1033) < http://www.bna.com>

On January 27, 2014, the Supreme Court of the United States denied a petition for certiorari that sought to overturn our defeat of DOJ's arguments in the Seventh Circuit in Bernstein, et al. v. Bankert, et al. For the front page article in Bloomberg's Toxics Law Reporter, click here. For the Seventh Circuit's decision, click here.

Office Location

N.W. Bernstein & Associates, LLC
800 Westchester Avenue
Suite N319
Rye Brook, NY 10573-1361

Telephone: 914.358.3500
Fax: 914.701.0707

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