David K. Fiveson

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
(212) 615-2215 (fax)
dfiveson@bffmlaw.com

David K. Fiveson