Alan Zuckerbrod

Alan concentrates his practice in complex commercial, securities and real estate-related litigation matters at the trial and appellate levels. Representing investors, lenders, borrowers, owners, developers, managers, hotels, and corporate tenants, Alan has over 30 years’ experience in disputed matters involving foreclosures, leasing, creditors’ rights, partnership disputes, securities, and financing issues. He has played a leading role in guiding national and international institutions through the various business cycles over the years. Alan also represents clients who have been involved in contested employment, corporate and partnership disputes in a wide range of industries.

Alan chairs the firm’s Hospitality Law practice, having developed a strong reputation and significant experience in the hospitality industry. He represents several hospitality REITS, hotel owners, operators and managers in a wide variety of matters.  Working with other firm members, Alan also leads clients through transactions involving acquisitions, leasing, management and financing issues. 

Alan’s experience with arbitration and mediation is significant. He has served on the court-appointed panel of neutral mediators that has been established by the Commercial Division of the New York State Supreme Court.

Prior to joining Wilk Auslander in 1999, Alan was a founding member of Pollack & Zuckerbrod, LLP, which developed a strong reputation in real estate and litigation. Prior to that, Alan had been associated with Weil, Gotshal & Manges LLP and Dreyer & Traub. He began his career as an Assistant District Attorney in Queens County.

• Obtained a trial judgment of $22 million in New York’s Supreme Court, Commercial Division, which was increased to $94 million with interest and attorneys' fees, on behalf of a hedge fund against an international bank in a securities litigation involving credit default swaps. The trial judgment was affirmed by the Appellate Division, First Dep't., with the amount of the final judgment, including interest, exceeding $110 million, all of which was paid.
• Obtained a defense verdict in Supreme Court, New York County’s Commercial Division, on behalf of an international real estate developer dismissing a claim for $75 million in investment management fees alleged to be owed to a private equity partner.
• Obtained and collected a $7+ million judgment on behalf of 3 Manhattan hotels against parent company Icon Parking LLC based on claims of alter ego/piercing the corporate veil and fraudulent conveyance after individual garage tenant LLC’s rendered themselves judgment-proof.
• Represented hotels and hotel managers in numerous contested disputes involving management agreements, leases, licenses and financing.
• Represented lenders and borrowers in commercial mortgage foreclosures and workouts.
• Successfully and quickly dismissed a $14 million fraud claim on behalf of a seller, premised on alleged false representations in a real estate contract.
• Successfully navigated and defended clients in various New York State Attorney General investigations.
• Obtained a trial verdict of $39 million in U.S. Bankruptcy Court on behalf of a trustee and creditors involving a fraud claim in the jewelry industry. In re Fine Diamonds, LLC, 501 B.R. 159 (S.D.N.Y. 2013)
• Obtained a favorable trial judgment on behalf of a Madison Avenue retail tenant in a proceeding involving issues of fair market rent valuation and breach of lease.
• Successfully defended, in arbitration, a general partner of a real estate partnership who had been accused of a pattern of fraud and self-dealing by a limited partner.
• Represented the developer of the Chelsea Market (Manhattan) in acquiring the debt and subsequently the property, through bankruptcy and foreclosure; supervised leasing of property.
• Represented many large hotel developers and owners in litigation, leasing, and management issues.
• Successfully assisted an investor in acquiring, through acquisition of debt and foreclosure, several parcels of land for a large Manhattan property development.
• Successfully blocked the attempt—by a general partner of a partnership owning a Manhattan apartment building—to redeem the interest of a limited partner at a below market price.
• Defeated an attempt by a general partner of a real estate partnership owning a Manhattan office building to dilute the interests of limited partners through repeated capital calls.
• Successfully represented partners in a Brooklyn retail development in displacing a dishonest managing partner and managing agent.
• Achieved a successful settlement, after litigation, in an international contract and fraud dispute on behalf of the purchaser of an airplane.
• Represented numerous co-op owners in various matters with condo and co-op boards.
• Represented numerous commercial landlords and tenants in lease disputes.
• Represented creditors in the enforcement of judgments.

• "Consideration of Pre-Judgment Interest in Evaluating the Risk of Litigation", New York Law Journal (June 1, 2017)

• ABC’s of the Foreclosure Process: Real Estate Foreclosure Series, Lawyers Alliance for New York (May 8, 2002)