Menachem J. Kastner

Member

New York

(212) 453-3811

(866) 832-7203

Menachem's practice involves all aspects of real estate litigation and is particularly centered in the area of commercial and residential leasing and ownership and valuation disputes. He has litigated through all of the courts, the interpretation of escalation clauses, assignment and sublet provisions, alteration provisions, use clauses, renewal or purchase options, termination rights, buy-out disputes, and other significant lease interpretation issues.

Menachem is a frequent contributor to legal publications, specifically the New York Law Journal and New York State Bar Association Journal. Many of his articles have been cited to and relied on by the New York courts. See London Terrace Towers, Inc. v. Davis, 6 Misc. 3d 600, 790 N.Y.S. 2d 813 (Civ. Ct. N.Y. Co. 2004); 13315 Owners Corp. v. Kennedy, 4 Misc.3d 931, 782 N.Y.S. 2d 554 (Civ. Ct. N.Y. Co. 2004); Concourse Village Inc. v. Bilotti, 133 Misc. 2d 973, 509 N.Y.S. 2d 274 (Civ. Ct. Bronx Co. 1986). 

Menachem has lectured widely on real estate issues, including landlord/tenant and co-op litigation, the law of co-ops/condominiums, equitable distribution, and matrimonial tax. Most recently, Menachem lectured on "Real Estate Transactions - Spotting Litigation Issues" at the PLI Annual Real Estate Institute in 2016 and 2017.

In addition, Menachem is an official court arbitrator for the Civil Court of the City of New York, presiding over trials and inquests, issuing final non-appealable judgments, mediating the settlement of claims, and drafting and ordering stipulations of settlement.

Menachem earned his Bachelor of Arts, cum laude, from Brooklyn College of the City University of New York in 1973 and his law degree, summa cum laude, from New York Law School in 1976, where he was the recipient of the Trustees' Award for Highest Scholastic Achievement. He was named a New York Super Lawyer (real estate) in 2006, 2010 and 2013-2021 by Law & Politics. He was also named one of "New York Area's Top Rated Lawyers of 2013" in Real Estate & Landlord/Tenant by Legal Leaders™. Menachem is admitted to practice in the state of New York.

Experience

News

Super Lawyers Recognizes 17 Cozen O’Connor Attorneys in New York

October 04, 2021

Super Lawyers has named 17 Cozen O’Connor attorneys to its 2021 New York Super Lawyers and Rising Stars list.

Super Lawyers Recognizes 21 Cozen O’Connor Attorneys in New York

September 29, 2020

Super Lawyers has named 21 Cozen O’Connor attorneys to its 2020 New York Super Lawyers and Rising Stars list.

17 Cozen O’Connor Attorneys Recognized as New York Super Lawyers and Rising Stars

September 27, 2019

Super Lawyers has named 17 Cozen O'Connor attorneys to its 2019 New York Super Lawyers and Rising Stars list.

18 Cozen O'Connor Attorneys Named New York Metro Super Lawyers and Rising Stars

September 21, 2018

Super Lawyers has named 17 Cozen O'Connor attorneys to its 2018 New York Super Lawyers and Rising Stars list. Twelve were recognized as Super Lawyers and five were named "Rising Stars."

12 Cozen O’Connor Attorneys Named 2017 New York Metro Super Lawyers and Rising Stars

October 19, 2017

Super Lawyers has named 12 attorneys at Cozen O’Connor to its 2017 lists of top practitioners in the New York metro area. Six were recognized as Super Lawyers and six were named “Rising Stars,” a list that recognizes attorneys under the age of 40.

19 Cozen O'Connor Attorneys Recognized as New York Super Lawyers and Rising Stars

October 05, 2016

The 2016 New York Metro edition of Super Lawyers Magazine, published by Thomson Reuters, has named 21 Cozen O’Connor attorneys to its list of Super Lawyers and Rising Stars.

21 Cozen O'Connor Attorneys Recognized as New York Super Lawyers and Rising Stars

October 05, 2015

The 2015 New York Metro edition of Super Lawyers Magazine, published by Thomson Reuters, has named 21 Cozen O’Connor attorneys to its list of Super Lawyers and Rising Stars.

Publications

Commercial Tenants Raising Impossibility of Performance and Frustration of Purpose [Alert]

May 06, 2020

Menachem J. Kastner, Emily Shoor, and Andrew Punzo discuss the case law behind New York courts applying the common law doctrines of Impossibility of Performance and Frustration of Purpose narrowly and strictly and only in limited circumstances.

'Yellowstone' Will Live on Through Creative Practitioners' [New York Law Journal]

June 04, 2019

The article covers the recent talk amongst real estate litigation attorneys as to the impact of the Court of Appeals decision in 159 MP Corp. v. Redbridge Bedford.

Early Termination Provisions: A Landlord’s Saving Grace…If Done Right [The New York Law Journal]

August 28, 2018

Menachem J. Kastner and Ally Hack, members in the firm's Commercial Litigation Department, co-authored, "Early Termination Provisions: A Landlord’s Saving Grace…If Done Right' for the New York Law Journal.

‘Artcorp’ and Curing Improper Assignments [New York Law Journal]

December 14, 2015

Menachem Kastner, a member of Cozen O’Connor’s Real Estate practice, discusses the recent decision in Artcorp Inc. v. Citireach Realty Corp. case.

Incurable Defaults in Commercial Leases: Can You Un-Ring the Bell? [New York Law Journal]

March 26, 2015

Menachem Kastner and Ally Hack, members of Cozen O’Connor’s Commercial Litigation Department, authored an article for the New York Law Journal titled “Incurable Defaults in Commercial Leases: Can You Un-Ring the Bell?” They identify the various types of commercial lease defaults that courts may find to be “incurable” as a matter of law, followed by a focus on what has been the most controversial of these defaults – the unauthorized assignment of its lease. Menachem and Ally also provide a practical tip on terminating commercial leases for unauthorized assignments, where the law and the usual lease default provisions may seem contradictory.

Industry Sectors

Education

  • New York Law School, J.D., summa cum laude, 1976
  • Brooklyn College, B.A., cum laude, 1973

Awards & Honors

Recognized as a "Super Lawyer" in Real Estate by Law & Politics 2006, 2010, 2013-21

Named one of "New York Area's Top Rated Lawyers of 2013" in Real Estate & Landlord/Tenant by Legal Leaders™

  • New York
  • U.S. District Court -- Eastern District of New York
  • U.S. District Court -- Southern District of New York
  • U.S. Supreme Court
  • New York State Bar Association