Overview
David V. Mignardi is a New York, New Jersey and Connecticut litigation attorney who focuses his practice on real estate finance and capital markets, with a particular emphasis on litigation and loan servicing matters related to commercial mortgage-backed securities (CMBS). He regularly represents nationally prominent financial institutions, mortgage servicers, hedge funds and distressed investors in connection with non-performing loans and the exercise of remedies such as judicial foreclosures, receiverships, replevin, workouts, litigation and resulting judgment enforcement/collection, and contested bankruptcy matters. Mr. Mignardi's experience spans numerous types of claims and all types of commercial properties, including office buildings and parks, multifamily apartment and student housing complexes, hotels, senior living facilities, healthcare facilities, construction projects and shopping centers.
Mr. Mignardi has considerable appellate experience, having written briefs and/or orally argued more than three dozen appeals in the U.S. Court of Appeals for the Second Circuit, all four judicial departments of the New York State Supreme Court, Appellate Division, and the New Jersey Superior Court, Appellate Division, as well as a bankruptcy appeal in the U.S. District Court for the Eastern District of New York. He also defends lender liability claims involving the civil Racketeer Influenced and Corrupt Organizations (RICO) statute, business torts and predatory lending. Mr. Mignardi also regularly represents real property owners and lending institutions in the defense of title claim litigation, and title insurance underwriters in subrogation, recoupment and title insurance coverage matters.
Representative Experience
Credentials
- Benjamin N. Cardozo School of Law, J.D.
- Manhattan College, B.S., Economics, magna cum laude
- Connecticut
- New Jersey
- New York
- U.S. Court of Appeals for the Second Circuit
- U.S. District Court for the District of Connecticut
- U.S. District Court for the District of New Jersey
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Northern District of New York
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Western District of New York
- Manhattan College Mentorship Program, Volunteer Mentor
- Commercial Real Estate (CRE) Finance Council, Servicers Forum
- Byram Hills Soccer Club – American Youth Soccer Organization (AYSO) Region 204, Division Coordinator and Member of Board of Directors
- American Immobiliare Inc.
- Rising Star, New York Metro Super Lawyers magazine, Business Litigation, 2017-2020