David J. McCarthy

 on February 18th, 2022

Mr. McCarthy is of counsel to the firm. He has extensive experience in complex commercial and bankruptcy litigation. Mr. McCarthy has litigated a broad range of disputes involving aircraft leases, aircraft equipment trusts, leveraged lease portfolios, business trade secrets, fraud and breach of contract among investors in various business enterprises, fraudulent conveyances, corporate veil piercings, construction contracts and the health care insurance industry. He has engaged in numerous creditor-debtor disputes in bankruptcy courts regarding issues of property of the debtor’s estate, enforcement of contracts, rights of set-off and preferences. Mr. McCarthy also serves as a Mediator in the United States District Court for the Southern District of New York.

Mr. McCarthy has been practicing law for 35 years. In 1986 he received his JD from Fordham Law School where he was a published member of the Fordham Law Review. Mr. McCarthy was admitted to the New York Bar in 1987 and the New Jersey Bar in 1988. He also is admitted to practice before federal courts in the Southern and Eastern Districts of New York, the District of New Jersey, and the Second and Ninth Circuit Courts of Appeals.

David J. McCarthy, Esq.
Butler, Fitzgerald, Fiveson & McCarthy
A Professional Corporation
Nine East 45th Street, Ninth Floor
New York, New York 10017
(212) 615-2200
+1 646 679 2422 (fax)
dmccarthy@bffmlaw.com

David K. Fiveson

 on February 18th, 2022

Mr. Fiveson has been practicing law for 42 years. For 35 years he has represented title owners and lending institutions in defense of title claim litigation, and title insurance underwriters in subrogation, recoupment and title insurance coverage matters. His institutional clients include Fidelity National Title Insurance Company, First American Title Insurance Company, Old Republic National Title Insurance Company, Westcor Title Insurance Company and WFG National Title Insurance Company. He also represents New York real estate developers in litigation with their general and sub-contractors, in defense of mechanic’s lien foreclosures and in license disputes with adjoining landowners. He also defends New York condominium sponsors against claims by the unit owners and boards of managers for breach of contract based on the offering plans and implied warranties of merchantability.

Mr. Fiveson also has represented litigants in commercial matters involving breaches of contract and software licensing agreements, trademark infringement and unfair competition.

Mr. Fiveson has over 155 reported appellate and trail court decisions, two of which are often cited landmark cases and the majority being concentrated in the areas of title and general litigation. He received his JD from the University of Houston School of Law in 1978 and was a member of its Jessup National Moot Court Team which was ranked as one the top five teams in national competition. Mr. Fiveson was admitted to the Texas Bar in 1979 and to the New York Bar in 1980. He also is admitted to the Southern District Court of Texas, the Southern and Eastern Districts Courts of New York, the Second and Fifth Circuit Courts of Appeals and to the United States Supreme Court. He is a member of the New York State Bar Association Real Property Section and a lecturer on the issues of the Bankruptcy Code as applied to title claim litigation.
David K. Fiveson, Esq.
Butler, Fitzgerald, Fiveson & McCarthy
A Professional Corporation
Nine East 45th Street, Ninth Floor
New York, New York 10017
(212) 615-2200
+1 646 679 2422 (fax)
dfiveson@bffmlaw.com

Raymond Fitzgerald

 on February 18th, 2022

Mr. Fitzgerald has specialized in complex commercial litigation for 45 years in the federal, state, and bankruptcy courts. He is a 1972 graduate of Columbia Law School and a member of the New York and New Jersey bars. He also has been admitted to practice before the following federal courts: Southern, Eastern and Northern Districts of New York; District of New Jersey; Northern and Southern Districts of Texas; Eastern District of Wisconsin; Northern District of California; Northern District of Illinois; First, Second, Third, Fifth, Seventh, Ninth and Eleventh Circuit Courts of Appeals; the U.S. Tax Court; and the United States Supreme Court.

Raymond Fitzgerald, Esq.
Butler, Fitzgerald, Fiveson & McCarthy
A Professional Corporation
Nine East 45th Street, Ninth Floor
New York, New York 10017
(212) 615-2200
+1 646 679 2422 (fax)
rfitzgerald@bffmlaw.com