Massimo F. D’Angelo

About Massimo F. D’Angelo

About Massimo F. D’Angelo

Massimo F. D’Angelo is admitted to practice before the state courts of New York and New Jersey, and the U.S. District Courts for the Southern District and the Eastern District of New York and the District of New Jersey. Mr. D’Angelo represents condominium and cooperative boards and sponsors, as well as commercial and residential landlords and tenants in connection with complex real estate litigation matters, and regularly advises and represents clients in real estate administrative and environmental proceedings. Super Lawyers have repeatedly recognized Mr. D’Angelo as a New York Metro Area Rising Star. 
Mr. D’Angelo has obtained the following significant decisions affecting New York real estate law:
  • Yuppie Puppy Pet Products, Inc. v. Street Smart Realty, LLC, 77 A.D.3d 197 (1st Dept. 2010) Established that a mortgagee can be permitted to intervene in an action where the defendant/mortgagor has defaulted.
  • Arthur at the Westchester, Inc. v. Westchester Mall, LLC, 104 A.D.3d 471 (1st Dept. 2013) Successfully represented mall against challenge by retail tenant that a guaranty was want for lack of consideration even though the guaranty was executed prior to the lease.
  • Westchester Mall, LLC v. Manoucher Hedvat, 104 A.D.3d 678 (2nd Dept. 2013) Reaffirmed the general rule that dismissals after opening statements are strongly disfavored absent extraordinary circumstances in a corporate veil piercing action brought against a commercial tenant and its principal.
  • The Board of Managers of 266 West 115th Street Condominium v. 266 West 115th Street, LLC, 2014 WL 6791412 (N.Y.Sup.) In a case of first impression on two separate issues, successfully established that: (i) a board may pursue claims against a Sponsor’s principal, personally, where the principal signs the certification to the Offering Plan in his individual capacity; and (ii) a Sponsor may be liable for construction defects beyond the applicable notice period set forth in the Offering Plan when the Sponsor engages in repairs beyond such notice period.
Prior to joining Adam Leitman Bailey, P.C., Mr. D’Angelo was engaged in private practice where he specialized in the litigation of sophisticated commercial lease issues and landlord-tenant matters for Simon Property Group, the nation’s largest real estate management firm, as well as other large scale real estate management companies such as General Growth Properties and Macerich. He has negotiated numerous high value settlements on behalf of his clients. In addition, Mr. D’Angelo has handled the general liability defense for many well-known publicly traded entities on matters including premises liability, construction defects and product liability claims including Costco and Best Buy.
Mr. D’Angelo has extensive experience in conducting trials and arguing appeals in both state and federal court. His reported cases include the following: Goldman v. Stein, 60 A.D.3d 902 (2nd Dept. 2009); Yuppie Puppy Pet Products, Inc. v. Street Smart Realty, LLC, 77 A.D.3d 197 (1st Dept. 2010); Nuzzo v. Horvath, 2011 WL 3795035 (N.J.Super.A.D.); Lauren Klimko v. Vinyl Works Canada, 2012 WL 5187919 (N.J.Super.A.D.); Dabbagh v. Newmark Knight Frank Global Management Services, LLC, 99 A.D.3d 448 (1st Dept. 2012); Wolff v. Best Buy, 2012 WL 5845579 (N.J.Super.A.D.); Westchester Mall, LLC v. Manoucher Hedvat, 104 A.D.3d 678 (2nd Dept. 2013); Arthur at the Westchester, Inc. v. Westchester Mall, LLC, 104 A.D.3d 471 (1st Dept. 2013); 201 W. 89th Owners, Inc. v. Mostel, 46 Misc.3d 1201(A) (N.Y.City Civ.Ct. 2014); The Board of Managers of 266 West 115th Street Condominium v. 266 West 115th Street, LLC, 2014 WL 6791412 (N.Y.Sup.); NYCTL 1998-1 Trust v. Rodriguez, 2015 N.Y. Slip Op. 25370 (N.Y.Sup.); Bd. of Managers of the Bayard Views Condominium v. FPG Bayard, LLC, 2017 WL 1435430 (N.Y.Sup.); and Kobyleckyj v. Kobyleckyj, 2017 N.Y. Slip Op. 30063(U).
Mr. D’Angelo is a member of the New York State Bar Association, the New York County Lawyers’ Association, and the New Jersey State Bar Association. He also serves on the membership committee of the Columbian Lawyers Association, First Judicial Department, and as Legal Counsel to the Association of Italian American Educators, a non-profit organization that was organized to enhance the Italian American image and presence in academia.  
Mr. D’Angelo is fluent in Italian and conversant in French and Spanish.
 

 

 

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Adam Leitman Bailey, P.C. Defeats Successor Sponsor Construction Defect Claim against Developer Who Bought Units from Bankrupt Sponsor READ MORE REAL ESTATE LITIGATION
Adam Leitman Bailey, P.C. Rescues Client’s Million Dollar Letter of Credit At the Eleventh Hour, Then Slams The World’s Largest Commercial Real Estate Services Firm, Landlord and Well-Known Fashion Design House in Illegal Kickbacks Case READ MORE COMMERCIAL TENANT REPRESENTATION
“A great victory!!!! Thank you.” READ MORE
Tenant Prevails Against Cooperative And Avoids Eviction By Proving That Cigarette Smoke And Odors Did Not Violate Her Proprietary Lease READ MORE TENANT REPRESENTATION
Finding Individual Liability for Sponsor’s Principals And Sponsor’s Waiver of The Notice Requirement Under The Offering Plan READ MORE REAL ESTATE LITIGATION
Setting New Precedent, Adam Leitman Bailey, P.C. Obtains A Victory for Condominium Board READ MORE CONDOMINIUM & COOPERATIVE REPRESENTATION
Adam Leitman Bailey, P.C. Attorneys Named Super Lawyers Rising Stars 2014 READ MORE
Judge OK’s ‘blocked view’ suit against Louboutins READ MORE LANDLORD REPRESENTATION
Adam Leitman Bailey, P.C. Rescues Condominium From Combination with University READ MORE CONDOMINIUM & COOPERATIVE BOARD & BUILDING REPRESENTATION
Adam Leitman Bailey, P.C. Client Testimonial – D. READ MORE REAL ESTATE LITIGATION
“Throughout the case anytime there were any questions or anytime I reached out to Massimo whether it be phone or email, I’m pretty sure I was responded to within an hour at most. Emails pretty much immediately, phone calls forty-five minutes to an hour, but the response and the care that I felt was given throughout the entire case – explaining everything to me in detail and not feeling like I should already know everything but making sure we went step-by-step, exactly what the case was about, what we needed to do, what information was required of me and what Massimo was going to handle from there.” – D.H. READ MORE LANDLORD REPRESENTATION
Adam Leitman Bailey, P.C. Client Testimonial – D.H. READ MORE LANDLORD REPRESENTATION
“I also worked with Massimo F. D’Angelo who was fantastic, the same fight, same kind of bulldog, he was a great guy to have in my corner and he really cared about what was going on and me. I felt that he was really on our team and not just going through the motions.” – A.H. READ MORE REAL ESTATE LITIGATION
Arthur at the Westchester, Inc. v Westchester Mall, LLC Published Decision READ MORE APPELLATE LITIGATION
B.M. Client Testimonial READ MORE TENANT REPRESENTATION

Adam Leitman Bailey, P.C.

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