• Daniel Ross Berman counsels developers, investors, lenders and operators in a range of real estate transactions, including acquisitions, dispositions, joint ventures, development deals, preferred equity investments, loans, leases, recapitalizations and restructurings. His work spans hospitality, industrial, health care, gaming, entertainment, retail, office, multifamily and mixed-use properties.

    Dan has a national practice that includes acquisitions, dispositions and joint venture development deals across the country as well as a localized practice with an emphasis on complex development deals. For example, Dan is currently handling numerous redevelopment projects in New York City involving various religious and charitable institutions, each with different deal structures. These include ground leasing the land during development and dividing the ownership of the completed building between the developer and the institution by converting the property to a commercial condominium.  

    Dan is a member of Kramer Levin’s Pro Bono, Ethics and Technology committees.

    Experience

    • Representing a developer in the acquisition of a controlling equity interest in a mid-construction hotel in Queens.

    • Representing a developer in the acquisition of a redevelopment property in Greenwich Village.

    • Representing an investor in the acquisition of a trophy office building in midtown Manhattan.

    • Representing a national investor in the joint venture development of a mixed-use building in Dallas.

    • Representing a fund in its acquisition and joint venture relating to a commercial property in Vermont.

    • Representing a developer in the acquisition of a waterfront development site in Staten Island.

    • Representing an investment fund in its headquarters lease in Manhattan.

    • Representing an investor in a joint venture development deal in Nashville, TN.

    • Representing a church in the redevelopment and partial sale of its property in Manhattan, including the construction of a community facility space within the project.

    • Representing a church in the sale of its property in Manhattan, including a ground lease during construction.

    • Representing a synagogue in the sale of its property in Queens, including a post-closing seller lease.

    • Representing a not-for-profit institution in the redevelopment of its property in Manhattan.

    • Representing an investor in a joint venture development deal in Florida.

    • Representing an alternative asset manager in the acquisition of an industrial property in South Carolina.

    • Represented an owner of Broadway theaters in the sale of a building in Times Square, with the theater owner retaining ownership of the landmarked theater within the building. The purchaser intends to lift the theater up to 30 feet above its current ground-floor location and renovate it for the theater owner.

    • Represented a student housing investor in the disposition of an asset in Denton, TX.

    • Represented a regional investor in the acquisition and financing of an office property in Boston.

    • Represented an alternative asset manager in the disposition of a mixed-use property in Arlington, VA, an office building in Sacramento, CA, and a life sciences building in Boston.

    • Represented a family office in a joint venture development deal in North Carolina.

    • Represented the managing member of a ground subtenant in a recapitalization consisting of preferred equity and an option to convert to common equity with respect to a mixed-use building in Manhattan.

    • Represented a sponsor in a loan modification for a condominium project in Brooklyn, resulting in an additional capital infusion and relief on personal guaranties.

    • Represented a national real estate investor in the acquisition of office, industrial and retail assets in Denver, Coral Gables, Los Angeles, Seattle and Charlotte.

    • Negotiated joint venture agreements, contribution and indemnity agreements, and development management agreements on behalf of a real estate investment company with respect to multifamily and condominium development projects in Miami.

    • Represented Trinity Place Holdings Inc. in negotiating agreements with the NYC School Construction Authority and Trinity’s construction lender involving the construction of a mixed-use building at 77 Greenwich Street, Manhattan, which will include 90 luxury condominium homes, retail space and a public elementary school.

    • Negotiated an acquisition, financing and preferred equity investment on behalf of a hospitality company with respect to a boutique hotel and restaurant in Tribeca.

    • Represented a family office as lender in restructuring a note-on-note facility covering mortgage loans on several properties in Manhattan.

    • Represented an international investment fund in its acquisition of a nonperforming $158 million mortgage loan secured by a mall in Cincinnati, through the foreclosure and disposition of the asset.

    • Represented a developer in the acquisition of a subdivided parcel from Verizon for the development of a multifamily building in Brooklyn, including the negotiation of a ZLDA and reciprocal easement agreement with Verizon, which retained ownership of the central office located on the adjacent lot.

    • Negotiated construction loan documents on behalf of a major developer for a luxury rental project in Long Island City and a subsequent refinancing of the project.

    • Represented an investment manager as tenant on the lease of its office headquarters in Manhattan.

    • Represented a leasehold cooperative facing a substantial rent reset in buying out its ground lease, including structuring and negotiating the acquisition financing and financing facilities for the cooperative’s individual shareholders.

    • Represented a family office in its preferred equity investment in a condominium construction project in Park Slope.

    • Represented the Saint Vincent Catholic Medical Centers in the $260 million sale of its Manhattan Campus to the Rudin family and North Shore LIJ in connection with SVCMC’s Chapter 11 filing.

    • Represented a residential cooperative corporation as landlord in the master lease of its ground floor commercial space and subsequent subleasing of the space.

    • Represented Toll Brothers and Starwood Capital in the ground leasing of sites in Brooklyn Bridge Park for the development of a hotel and residential complex.

    • Advised VICI on its $749 million acquisition and leaseback of gaming and hospitality properties in Las Vegas and Philadelphia.

    • Negotiated the $255 million sale by a developer of its ground lease of a luxury apartment building in Battery Park City, and represented the buyer subsequent to the acquisition in construction-related matters.

    • Negotiated predevelopment, construction and mezzanine loan documents on behalf of a lender for the development of a luxury mixed-use project on the Upper East Side, including a subsequent loan restructuring.

    • Represented a developer in the ground lease development of a residential cooperative building and townhouses in the West Village.

    • Represented an ad hoc group of first lien lenders and bondholders in the bankruptcy of Westmoreland Coal Co. with respect to the real estate aspects of a credit agreement and obtaining a first lien on its owned and leased coal mines in the United States and Canada.

    • Represented a private equity fund in acquisitions and joint ventures relating to value-add industrial properties in Brooklyn.

    • Represented a REIT in the acquisition of a 230-unit multifamily building in East Harlem for $100 million, including negotiating the financing and addressing HPD and HDC regulatory matters.

    • Represented an investment company in the $50 million acquisition of an estate for years, ground lease and purchase option relating to a retail center in California.

    • Represented New Valley in connection with its joint venture investment in the development of a luxury rental tower in Long Island City and the subsequent sale of the property.

    • Represented the buyer of two mixed-use buildings in Tribeca for more than $550 million, including the negotiation of mortgage and mezzanine financing.

    • Represented the buyer of a student housing complex in Stillwater, Oklahoma, for approximately $40 million, including the negotiation of acquisition financing and partnership documents.

    • Represented the seller of 74 net-leased retail properties located throughout the United States.

    • Represented Bally Total Fitness in connection with real estate matters relating to its bankruptcy, including financing the company’s real estate through leasehold mortgages.

    • Represented an owner of shopping centers in the division of real estate assets between two partners in the context of a private auction.

    • Represented a church in the sale of its building and acquisition of a replacement property on the Upper East Side.

    • Represented the seller of a portfolio of more than 60 properties throughout the United States.

    • Represented an alternative asset management company in numerous industrial, multifamily, retail, office and mixed-use acquisitions throughout the country.

    Credentials

    Education

    • J.D., Columbia Law School, 2006
      • James Kent Scholar
      • Harlan Fiske Stone Scholar
      • Journal of Law and the Arts
    • B.A., with honors, Brown University, 1999

    Bar Admissions

    • Florida, 2007
    • New York, 2007
  • *No aspect of this advertisement has been approved by the Supreme Court of New Jersey. A description of the Best Lawyers and Super Lawyers selection methodology can be found here.