Thomas M. Mealiffe

/My focus

Real Estate

I focus on commercial real estate disputes involving financing, partnership disagreements, complex commercial tenancies, leasing, and valuation matters (particularly ground lease and space lease rent resets). I have tried numerous ground rent reset arbitrations involving hundreds of millions of dollars, representing both commercial landlords and tenants.

Consumer Financial Services Litigation

I represent fintech and financial services companies in complex individual and class action suits under state and federal law, including the Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), Equal Credit Opportunity Act (ECOA), and state unfair and deceptive practices statutes.

Complex Commercial Litigation

Much of my work involves disputes concerning companies that operate in a variety of markets, including healthcare, fintech, and blockchain technologies. I have represented clients in a broad array of matters, including shareholder disputes and False Claims Act cases involving Medicare and Medicaid billing.

/Representative experience

• Prevailed in an arbitration representing a fee owner and ground lessor of a large Manhattan office building against ground lessee’s claim that ground lessor withheld reasonable consent to its request to convert the building from an office to a residential use.
• Recovered more than $3 million, including recovery of attorneys’ fees, for Avis Budget Car Rental LLC in a property damage matter, after a more than two-week jury trial in the United States District Court, Eastern District of New York.
• Obtained a complete defense verdict for a large multi-state construction operation in a Title VII retaliation matter after a two-week jury trial in the United States District Court, Northern District of New York.
• Obtained a complete defense verdict for French and United States aviation clients against product liability claims brought in Texas state court after a three-week jury trial.
• Obtained a precedent-setting summary judgment decision on behalf of an international airline in a Montreal Convention matter in the United States District Court, Eastern District of New York, and successfully argued the appeal of that decision before the Second Circuit.

/Looking ahead

I am monitoring New York State legislative efforts regarding ground lease fair market rent resets for leasehold cooperatives, and the impact those changes will have on existing leases.

/Insights

• “Arbitration, Litigation or Appraisal — The Benefits and Pitfalls of the Various Paths to Resolve Real Estate Disputes,” New York State Bar Association Real Property Section 2026 Summer Meeting, July 10, 2026 (Presenter)
• "Commercial Leasing Update: How to Dispute and Litigate Fair Market Rent Renewals; Operating Expense & Real Estate Tax Escalations; and Defaults," Webinar, August 9, 2023 (Presenter)
• “Innovative Strategies for Defending Against Aviation Claims: Managing the Rise in E-Discovery and Its Increasing Involvement in Aviation Litigation, and Effective Use of Expert Witnesses and Jury Communication,” American Conference Institute’s 7th National Forum on Defending and Managing Aviation Claims & Litigation, New York, NY, June 2, 2015 (Co-presenter with J. Ortego)
• Co-author of the book, Consumer Products Liability, Ensuring Compliance, Avoiding Missteps and Reducing Exposure, published by Thomson Reuters, 2014.
• “Are You Recall Ready?” Nixon Peabody Webinar, October 1, 2014 (Presenter)
• “Making Your Online Evidence Usable in the Courtroom,” National Business Institute, May 23, 2013 (Presenter)
• “Expert Disclosure in New York: One Step Forward, Two Steps Back,” New York Law Journal, December 10, 2012 (Co-author with B. Lukeman)