Practice Areas

Real Estate and General Business

Education

University of Vermont (B.A., 1982)

University of San Diego Law School (JD 1986)

Bar Admissions

New York

New Jersey

Florida

U.S. District Courts for the Southern and Eastern Districts of New York

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Darren S. Berger
Partner

Email: dberger@kanekessler.com
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Tel: 212.519.5196
Fax: 212.245.3009


Darren S. Berger is a partner in the firm and co-chairs the firm’s Real Estate and General Business practice groups. He is engaged in the practice of business representation, real estate, trust and estate planning, and business succession.

Mr. Berger has represented a wide range of companies and individuals in areas that include the sale of retail products and services; distribution, manufacturing and licensing in a variety of industries (such as apparel, handbags and accessories, retail services, supermarkets, restaurants and hospitality, and manufacturing); and the sale and purchase of businesses.

In Real Estate matters, Mr. Berger represents clients in the purchase and sale of mixed use and multifamily buildings, industrial properties, development rights and undeveloped real estate; the negotiation of commercial leases for retail, office, industrial, shopping center and loft occupants; the negotiation of access/license agreements; and as counsel to cooperative corporations and condominium associations.

Mr. Berger has extensive business and real estate experience managing commercial properties and in two different family-owned businesses. He has lectured on a variety of topics which have included financial planning and wealth management for family businesses, corporate law aspects of real estate ventures and preparing and drafting the Operating Agreement of a Limited Liability Company.

Prior to joining Kane Kessler in 2001, Mr. Berger was a founding partner of Berger & Kaye LLP and previous to that a partner at Bangser Klein Rocca and Blum in Manhattan. He is a member of the New York State Bar Association and the Association of the Bar of the City of New York, and has an AV® Preeminent™ peer review rating from Martindale-Hubbell.

Memberships and Associations

  • Association of the Bar of the City of New York
  • Florida State Bar Association
  • New Jersey Bar Association
  • New York State Bar Association
  • Building and Property Committee of the YMCA of Greater New York

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Real Estate:

  • Represented owner of investment property leased to nursing home operator in closing a HUD insured loan refinance
  • Represented nationally known restaurant brand in its lease negotiations in major urban cities through out the United States
  • Represented owner in the purchase of residential/multi family buildings in Brooklyn
  • Represented tenant in leasing of its corporate offices in Rockefeller Center
  • Represented owner in the sale of investment properties in Queens pursuant to IRC Section 1031, and subsequent purchase of replacement properties in Maryland and Texas
  • Represented accessory and handbag company in its sublease of distribution center
  • Represented tenant in the negotiation of lease for commercial baking operation
  • Represented purchasers and sellers of high end luxury residential properties
  • Represented a NYC property developer in the purchase of development rights from an adjacent neighbor. In addition to monetary compensation, this neighbor was provided a long term lease to a portion of the commercial space in the developer’s new building along with a right to acquire the space as a condominium unit should the developer complete its plans to convert the building to a condominium regime
  • Represented a NYC property developer in the negotiation of access agreements with multiple neighboring property owners, to grant the developer access to such neighboring properties in connection with the construction of the new development as well as for protecting the neighboring properties during such construction

Business:

  • Represented restaurant creator and operator in connection with the structuring of the business and preparation of private placement memorandum
  • Represented owner of multinational commercial knitting machine manufacturer in the sale of a US based division
  • Represented family of a nationally recognized facial care and products company in the sale of the business
  • Represented developer in acquisition of property, negotiation of operating agreement with partner, and financing agreements
  • Represented an internationally known restaurant owner and operator in the successful sale to a private equity fund of a 50% interest in the group, which included a financing commitment for future expansion, in transactions worth in excess of $100 million