Gerard handles complex commercial, construction, and real estate litigation matters for the firm. Gerard is well-versed in litigating claims arising out of operating agreements, shareholder disputes, business dissolution, restrictive covenants, corporate governance, fraud and misrepresentation, fraudulent conveyance and the Debtor and Creditor Law, contracts of sale, construction agreements, design and construction defects, mechanic’s liens, and matters between adjoining landowners.
Gerard represents various types of lending-based financial companies, data management companies, business owners, land developers, construction professionals, and property owners.
He began his career at the New York City Law Department, Office of the Corporation Counsel, where he gained significant trial, appellate, and courtroom experience litigating multi-million dollar commercial, construction, and employment discrimination cases on behalf of the City of New York. Subsequently, he worked at a well-regarded real estate and litigation firm before joining Kane Kessler in 2008.
Gerard has litigated many cases which have resulted in decisions that are not only favorable to his clients, but have set precedent such that the decisions are cited by other judges in other cases for the principle of law that Gerard helped to establish. Gerard uses his years of litigation and appellate experience to take a practical approach to his cases with a focus on obtaining the most favorable result for his clients, whether through amicable resolution or the judiciary. As a result, Gerard has been selected to the New York Metro Super Lawyers® List for the years 2016 through 2018.
- Successfully obtained injunctive relief against former corporate executive so as to enforce restrictive covenants and preserve a client’s confidential company data and trade secrets
- Successfully represented corporate executive and business owner against claims of fraud and violation of the Debtor & Creditor Law by obtaining complete dismissal of all claims in a 30 page decision that has since been cited in numerous other court decisions
- Represents developers of commercial properties throughout New York City in connection with various matters that arise with the general contractor, architect, adjoining property owners, and materialmen and suppliers
- Represents condominium and cooperative boards and individual unit owners against sponsors, architects, contractors and other professionals for claims arising out of construction and/or design defects
- Represents corporations and individuals in various types of contract claims, including, among others, enforcement of corporate resolutions, asset purchase agreements, promissory notes, stand-by letters of credit, and non-competition agreements
- Represents property owners in cases of partition of real property, claims for a constructive trust, conversion, breach of contract of sale for real property
- Represents real estate brokers in successfully obtaining payment of broker’s fee
- Represents restaurant owners in connection with contractual agreements with vendors and commercial leases with landlords
- Represents employers in connection with discrimination claims arising out of Title VII, ADA, ADEA and various state and local statues
- Argued and prevailed in a matter involving electronic discovery, the decision of which has been publicized in the New York Law Journal and other treatises and articles as having helped to define the rule under New York law regarding cost-shifting