Patrick T. Fitzgerald

Partner
New York City; Buffalo
(212) 759-4888 Ext. 8315
(716) 847-8315
pfitzgerald@phillipslytle.com
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Mr. Fitzgerald is a Partner and Co-Team Leader of the firm’s Private Equity Team. His practice focuses on corporate law, with particular emphasis on structuring, forming and advising real estate and other private investment funds and their portfolio companies. As a former partner of a private equity firm, Mr. Fitzgerald has first-hand experience working on all aspects of structuring and operating private investment funds and broker dealer and investment adviser regulatory compliance matters, and has personally participated as a GP and LP in various alternative investments, including venture capital and syndicated real estate deals. With respect to portfolio companies, Mr. Fitzgerald has significant experience working on all matters related to the underlying real estate transactions, including sales and acquisitions, financing, leasing, land use and zoning, easements and covenants, conditions and restrictions. Mr. Fitzgerald has the unique ability to advise his clients on all aspects of their legal and business matters.

Admitted to Practice

  • New York
  • U.S. District Court, Western District of New York

Honors and Awards

  • Named to Best Lawyers: Ones to Watch, 2021-2022
  • Named Upstate New York Super Lawyers® Rising Star, 2017-2021

Education

  • State University of New York at Buffalo Law School, J.D. 2011
  • St. John Fisher College, B.A. 2006

Professional Associations

  • American Bar Association
    • Young Lawyers Division
  • Association for Corporate Growth
  • Bar Association of Erie County
    • Environmental Law Committee, Former Chair

Representative Matters

  • Acquisitions and Dispositions/M&A: Counseled an insurance company client on real estate and environmental matters, including negotiating relevant portions of the stock purchase agreement and addressing title issues, for its sale for $200 million to a privately held company.
  • Acquisitions and Dispositions/M&A: Counseled a manufacturing client on real estate and environmental matters, including negotiating relevant portions of the stock purchase agreement, for its sale for $130 million.
  • Acquisitions and Dispositions/M&A: Negotiated the sale and leaseback (including a full and unconditional release and waiver) of a former industrial complex. Assisted in the subsequent sale of the entity and its related properties for approximately $60 million.
  • Acquisitions and Dispositions/M&A: Counseled a manufacturing client on real estate and environmental matters, including negotiating relevant portions of the stock purchase agreement, in connection with its sale to multiple private-equity firms for $45 million.
  • Acquisitions and Dispositions/M&A: Represented a health care company (personal protective equipment) in connection with all real estate matters, including the acquisition and leasing of various properties throughout the U.S., and various corporate matters relating to its supply chain and project financing.
  • Financing: Handled all work related to a $2 million financing in connection with a gap collateral security mortgage and mortgage consolidation, modification and extension agreement.
  • Real Estate: Assisted a publicly traded self-storage company with all real estate matters, including negotiating easements, declarations, covenants, conditions and restrictions, and the acquisition and disposition of real property, as well as participating as counsel to the company on a $1.3 billion commercial transaction to purchase a competitor and portfolio of roughly 100 properties.
  • Real Estate: Advised a real estate developer in connection with the sale of a portfolio of 57 properties and 3 corporate entities for approximately $25 million.
  • Real Estate: Assisted a New York State industrial development agency (IDA) in connection with environmental matters related to a $1 billion waterfront development project located on multiple properties that required environmental remediation activities.
  • Real Estate: Advised various New York State IDAs on all New York State Environmental Quality Review Act matters. Significant matters include a (a) $38 million waterfront hotel project, (b) 78MW and 100MW wind farms and (c) a 325,000-square-foot manufacturing facility expected to produce nearly 900 new jobs.
  • Real Estate: Assisted a national trust client with land use and zoning issues, as well as the disposition of property that was allocated roughly $121 million by the federal/state government to investigate and remediate potential environmental contamination located on the property. Total purchase price was approximately $1.2 billion.
  • Real Estate: Responsible for all land use and zoning issues (site plan approval, planned residential district rezoning, and special permit) and environmental matters for the development of an approximately $12 million residential/commercial/professional space project that is in the New York State Brownfield Cleanup Program.
  • Real Estate: Represented educational institutions in connection with all matters related to ground leasing and associated development projects and general acquisitions and dispositions. Typical project values ranged from $10 – $50 million.
  • Real Estate: Negotiated and drafted hundreds of leases and lease amendments on behalf of the world’s largest telecommunications company for sites throughout the United States.
  • Real Estate: Counseled a development team in connection with the purchase of property, including all related real estate matters (e.g., leasing, easements and air rights issues), from an off-track betting corporation for the development of a $7.5 million hotel project.
  • Real Estate: Regularly advise and assist corporate entities, including various educational institutions, and developers in connection with all real estate matters, such as zoning and leasing (with institutional and private landlords) and development matters, and the acquisition and disposition of real property located throughout the U.S.
  • Real Estate: Responsible for all land use and zoning issues (site plan approval, variance, rezonings, special permits etc.) for the development of numerous telecommunications facilities on behalf of the world’s largest telecommunications company.