Areas of Focus
“Clients appreciate that I am not just a litigation machine, but a business partner who aligns myself with their business to understand their unique needs. They come back to me because I offer practical litigation-based approaches to their problems.”
Jesse Schneider helps high-end retail tenants and major New York City commercial landlords find fair, business-minded solutions to complex real estate leasing disputes. Whether he is helping a landlord secure legal possession of premises through nonpayment and/or holdover proceedings, or protecting a tenant from an unfair lease termination, his goal is to secure long-term financial benefits for his clients.
Jesse looks for a business solution to every case he handles. Litigation is the last resort rather than standard operating procedure. When he gets involved early in operating expense escalations, lease interpretation issues, or subletting and assignment rights disputes, he recommends reasonable compromises that his clients appreciate for years to come.
Jesse listens before he acts. Once he knows what his client truly wants to achieve, he considers how litigation can make it happen. He helps clients weigh the cost of litigation against their business priorities because he knows that no matter how routine a landlord dispute may seem, no case is without risk, expense and inconvenience. He applies a similar approach to helping clients vacate liens, defend lien foreclosure actions, and resolve New York City building violations.
As the COVID-19 pandemic dramatically impacts his retail tenant clients, Jesse has litigated novel and precedent-setting retail lease issues, including unfair lease terminations and frustration of purpose and impossibility claims. His many published articles and online video presentations help clients anticipate how current laws will be applied to future legal and economic scenarios.
Settled a breach of lease claim brought against a fashion retailer by its landlord regarding its surrender obligations under various leases around the country. Convinced Landlord that its position was not supported by the lease or by relevant common law after extensive analysis, leading to an agreement that saved the client upwards of $5 million.
Obtained Yellowstone injunction for a high end retail company without having to pay any use and occupancy to the landlord pending adjudication of a breach of lease dispute involving the landlord's attempt to collect late fees on rent paid in full during the peak of the COVID-19 pandemic.
Defeated a motion to dismiss frustration of purpose and impossibility claims on behalf of a well-known retail tenant against its Times Square landlord, arguing that the COVID-19 pandemic and associated government mandates were not foreseeable and, thus, temporarily frustrated the purpose of the parties' negotiated lease.
Won a motion for a national pizza chain to dismiss a tortious interference with lease and unjust enrichment case brought by another tenant in same shopping complex. The court agreed with our argument that plaintiff failed to state a cause of action against our client in connection with its establishment of a pizza shop inside a K-Mart located in the same shopping complex as plaintiff's Italian restaurant.
Prevailed in a multimillion dollar arbitration for a high-fashion retail apparel company against its landlord after the landlord unreasonably withheld consent to a dignified first-class prospective retail subtenant. Case not only clarified the real estate industry term "first class" as an operational standard (as opposed to price point), but also allowed our client to sublease space that had been empty for several years.
Insights + Events
- Event 2022 Innovating Commerce Serving Communities U.S. Law Conference | Respect and Dignity in the Workplace – The Intersection of Privacy and Retail – Lease Remedies Post-Covid
October 26, 2022
- Alert New York City’s “Guaranty Law” Remains Legal — For Now
August 10, 2022
- Alert Upcoming Insurance Coverage Dispute Deadlines for COVID-19 Claims
February 18, 2021
- Publication Law360 | Reopened NY Courts Change COVID-19 Eviction Landscape
June 10, 2020
- Alert New York State Court Reopening Changes Landlord-Tenant COVID-19 Landscape
June 3, 2020
- Publication Law360 | What NY’s Eviction Moratorium Means for Landlords, Tenants
May 15, 2020
- Publication Law360 | How to Enforce a NY Lease Guarantee Against a UK Co.
February 3, 2020
- Publication New York Law Journal | Tenants Beware: Your Cure Period May Not Be as Long as You Think
June 24, 2019
- Alert New York Appellate Court Enforces Lease Provision Waiving Commercial Tenants’ Right to Seek Yellowstone Injunction, Strengthening Landlords’ Right to Evict
June 28, 2018
- Publication New York Law Journal | Non-Residential Tenant Harassment Law Makes ‘Self-Help’ Eviction Even Riskier
July 24, 2017
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- New York University School of Law (J.D., 1998)
- Brandeis University (B.A., summa cum laude, Phi Beta Kappa, 1995)
- New York
- New Jersey
Member, Davis+Gilbert Pro Bono Committee
Member, American Bar Association
Member, New York State Bar Association