Vivien B. Shelanski, Esq.

T: 212-751-2700
F: 212-751-4099
Real Property
Vivien Shelanski is a skilled mediator and arbitrator who has resolved complex real estate and construction matters involving municipal, commercial, and residential properties including restaurants, schools, power plants, single and multi-family homes, office facilities, and government buildings. Parties have included developers, general contractors, subcontractors, architects, engineers, and insurers. Issues addressed include defective work or design issues, and claims for cost overruns and delay issues. Most cases have involved multiple defendants and allocation issues.

Representative Matters

  • “Consent-to-financing”provision dispute between commercial and residential joint owners of mixed-use building
  • Claims that defective design and work caused water penetration through facade of historic building
  • Commercial lease dispute between shopping center and supermarket tenant
  • Dispute among developers of physicians’ offices over control, construction, and financing of project and entitlement to projected profits and responsibility for losses
  • Dispute among shareholders of commercial cooperative regarding failure to comply with construction requirements of proprietary lease
  • Healthcare clinic claim of deterioration of premises, constructive eviction, and breach of warranty of habitability by landlord with damages sought including costs of build-out and relocation, rent differential, and lost profits
  • Homeowner actions against private lenders and title companies alleging fraud and failure to disclose property defects and financing requirements
  • Partnership and contract dispute in major real estate development
  • Sublease renewal dispute between clothing manufacturer and long-term subtenant
  • Suit by municipality against owners, architects, attorneys, and others alleging fraud in sale of land and construction of municipal office facilities
  • Valuation of family-owned business involving 50+ owned and leased commercial properties in New York City

Honors, Memberships, and Professional Activities

  • Co-Editor, The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration (3rd. Ed., Forthcoming)
  • Fellow, College of Commercial Arbitrators; Panel of Mediators, United States District Court for the Eastern District of New York
  • Fellow, College of Labor and Employment Lawyers
  • Lecturer at New York University School of Law

Background and Education

  • Assistant Circuit Executive for Legal Affairs, United States Court of Appeals for the Second Circuit, 1995-1998
  • Acting Assistant Professor, New York University School of Law, Spring 1995
  • Assistant Attorney General, New York State Department of Law, Real Estate Financing Bureau, 1992-1995
  • Litigation Attorney, Cahill Gordon & Reindel, and Howard Darby & Levin, 1985-1992
  • Law Clerk, Hon. Milton Pollack, United States District Judge, Southern District of New York, 1984-1985
  • J.D., with honors, New York University School of Law, 1984
  • Ph.D., Philosophy of Science, University of Chicago, 1970
  • A.B., with honors, Bryn Mawr College, 1964

Disclaimer

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