Joshua Wurtzel
Joshua Wurtzel
Partner
jwurtzel@schlamstone.com
Main: 212.344.5400
Direct: 212.612.1226
Mr. Wurtzel’s practice focuses on high-stakes, complex commercial and real-estate litigation. Through his focus on aggressive litigation and his ability to develop creative and novel solutions to complex disputes, Mr. Wurtzel brings a unique, out-of-the-box perspective to his clients’ most-pressing legal needs.
Mr. Wurtzel is a regular contributor to several legal and real-estate publications, including Law360, the New York Law Journal, and The Real Deal, and also lectures on cutting-edge legal issues in the commercial real-estate sector.
Before joining Schlam Stone & Dolan LLC, Mr. Wurtzel was an associate at Weil, Gotshal & Manges LLP in its Securities Litigation and Corporate Governance group. Mr. Wurtzel also previously worked as an intern for the Honorable Kiyo A. Matsumoto of the Eastern District of New York.
Additional Publications
Quoted in an article in Law360 concerning distress in the CMBS market. As CMBS Distress Spikes, Attorneys See More on Horizon.
Quoted in an article in The Real Deal profiling distressed-debt fund Maverick Real Estate Partners. Inside Maverick Real Estate’s bag of tricks.
Published an article in the New York Law Journal discussing the various enforcement tools the Attorney General could use to collect on her $454 million judgment against Trump if he were unable to post a bond. What Happens If Trump Can’t Post a Bond on His $454M Judgment? It Depends, But It Won’t Be Pretty.
Published an article in Law360 explaining why the Second Circuit got it wrong in its recent decision holding that COVID is a force majeure event. 2nd Cir. Reasoning in COVID Force Majeure Case Is Flawed.
Published an article in the New York Law Journal arguing that the frustration-of-purpose doctrine cannot relieve commercial tenants of their obligation to pay rent during the COVID-19 pandemic. Can Commercial Tenants Really Avoid Rent During the Pandemic Using the Frustration-of-Purpose Doctrine?
Published an article in the New York Law Journal advising commercial landlords how to deal with their nonpaying tenants during the COVID-19 pandemic. COVID-19 and the Commercial Landlord.
Featured in an article in Law360 concerning his October 2020 success in defeating an energy executive’s motion to dismiss a $2.5 million claim for breach of contract. Energy Exec Can’t Nix Suit Over $2.5M Tax Credit Settlement.
Featured in an article in the New York Law Journal concerning his December 2019 federal trial win against once-prominent real-estate developers. Brooklyn U.S. Judge Awards $4.5 Million, Finding Staten Island Man Defrauded Uncle and Breached Contract.
Featured in an article in the New York Post concerning his pro bono representation of a midtown chocolate shop in a dispute with its commercial landlord. Beloved NYC chocolate shop’s future at risk amid rent battle.
Published an article in the New York State Bar Association’s NYLitigator concerning commercial leasing issues arising out of the COVID-19 pandemic. Coronavirus and the Commercial Tenant.
Published an article in the New York Law Journal about how attorneys can continue to pursue their clients’ cases aggressively during the COVID-19 pandemic. Litigating Through the Coronavirus Crisis: How To Keep Your Cases Moving While the World Battles a Pandemic.
Matters
- Won $5.8 million judgment, affirmed on appeal by the Second Circuit, on fraud, breach of fiduciary duty, and contract claims against once-prominent real-estate developers after federal bench trial in which Mr. Wurtzel was lead counsel;
- Won $2.6 million federal judgment in action to enforce settlement term sheet;
- Won summary judgment, affirmed on appeal by the First Department, for prominent real-estate developer and holding company in action seeking equitable accounting and access to books and records;
- Defeated summary judgment, affirmed on appeal by the First Department, in contract suit brought by former officer of publicly traded company;
- Successfully defended current and former board members of public real-estate investment company in shareholder-derivative actions in federal and state court;
- Successfully challenged publicly traded company’s refusal to lift restrictions on restricted stock under SEC Rule 144, including serving as lead trial counsel in jury trial in Commercial Division;
- Successfully represented secured parties in U.C.C. foreclosures of equity pledges;
- Successfully represented mezzanine lender in U.C.C. foreclosure and related litigation with commercial borrower;
- Successfully represented attorney in fraud, breach of fiduciary duty, and contract claims against former law partner, including serving as lead trial counsel in jury trial in Commercial Division;
- Served as lead trial counsel in jury trial in Commercial Division on claims arising from alleged breach of a solar-development contract.
- Served as lead trial counsel in jury trial in state court in Philadelphia on claims arising from breach of an employment agreement.
- Represent prominent hotel developer in dispute with partner and commercial lender;
- Represented prominent real-estate development firm in suit against commercial lender;
- Represented former shareholder in fraud and contract claims against publicly traded live-streaming company;
- Defended multinational, public insurance company in securities fraud opt-out actions arising out of the 2008 financial crisis;
- Won dismissal of securities-fraud action against aformer executive of publicly traded car-rental company;
- Defended publicly traded pharmaceutical company in breach of contract action brought by holders of company’s contingent value rights;
- Defended prominent real-estate developer in action seeking dissolution of family holding company and alleging breach of fiduciary duty;
- Obtained favorable federal jury verdict, plus attorneys’ fees and costs, for former inmate in a Section 1983 action against a state correctional officer and prison counselor;
- Won summary judgment, plus attorneys’ fees and costs, for disabled student in federal action against the New York City Department of Education seeking payment for private school tuition and meal reimbursement; and
- Defended prominent New York academic institution against claims of unlawful discrimination.
How to Get Started as a Rainmaker—and Succeed! The Lawyer’s Edge podcast, October 15, 2024.
Recent Commercial Eviction Cases: Force Majeure, Co-Tenancy, Quiet Enjoyment, Frustration of Purpose, July 15, 2021.
COVID-19 and the Commercial Landlord: Reacting to the Nonpaying Tenant in the COVID Era, February 11, 2021.
Litigating Through the Coronavirus Crisis: How To Keep Your Cases Moving While the World Battles a Pandemic, April 4, 2020.
Honors
- Selected to the New York Metro Super Lawyers® "Rising Stars" list, Business Litigation, 2020 - 2025
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Professional Affiliations
- Chair of the Legislative and Litigation Subcommittee of the Real Property Law Committee of the New York City Bar Association
- Active member of the Commercial & Federal Litigation Section of the New York State Bar Association
- Steering committee member of the Binghamton University Harpur Law Council
“Civil litigation is like swimming with sharks. If a shark surrounds you, stand your ground. Show no fear. Don’t swim away. Punch that shark right in the nose. That’s how I represent my clients.”