Biography

Michael J. Spithogiannis joined Weiss Zarett in 2017. He is an accomplished litigator with over forty years of experience representing clients in complex commercial and real-estate litigation. Before joining Weiss Zarett, he led his own law practice for many years, concentrating on all facets of litigation. Clients include major real-estate owners, developers and investors, title-insurance underwriters, banks and lending institutions, and closely-held business entities. His practice addresses matters involving complex title claims, large tracts of land, intricate mortgage foreclosures, and highly-contested corporate and contract disputes. Mr. Spithogiannis earned a bachelor of arts degree from Columbia University in 1981, where he majored in history and political science. He received his juris doctor degree from Brooklyn Law School in 1984, where he was a member and editor of the Brooklyn Law Review. Mr. Spithogiannis is licensed to practice in New York and New Jersey, and is admitted to practice in the United States Supreme Court, the United States Court of Appeals for the Second Circuit, the United States District Court of New Jersey, and the United States District Courts for the Southern and Eastern Districts of New York. Mr. Spithogiannis has been awarded the AV Preeminent® Rating, Judicial Edition, by Martindale Hubbell.

Published Works

• SECOND DEPARTMENT HOLDS MORTGAGORS TO THEIR WARRANTY OF TITLE
• JUDGMENT RENEWAL UNDER NEW YORK LAW – AN EFFECTIVE ENFORCEMENT REMEDY PRESERVING A JUDGMENT CREDITOR’S LIEN AGAINST REAL PROPERTY
• DOCTORS WIN BIG IN THE COURT OF APPEALS – COURT SETTLES DISPUTE OVER MLMIC SALE PROCEEDS
• AVOID LITIGATION DISASTER – KNOW THE LAW
• WEISS ZARETT DEFEATS MOTION TO DISMISS FRAUDULENT-CONVEYANCE COMPLAINT
• COURTS ENFORCE CONTRACTS AS WRITTEN – EXCEPT SOMETIMES
• HOW NEIGHBORLY DO YOU HAVE TO BE?
• ASSERTING THE FIFTH AMENDMENT PRIVILEGE IN CIVIL PROCEEDINGS CAN BE TRICKY
• ANATOMY OF A BUSINESS DISPUTE: PREPARING TO SUE
• FORCE MAJEURE AND BUSINESS INTERRUPTION IN THE AGE OF COVID-19
• COMMERCIAL TENANTS BEWARE FORT HE TIEMS THEY ARE A-CHANGIN’
• “A TAXPAYER MUST RENDER UNTO CAESAR WHAT IS CAESER’S, BUT NO MORE”
• FLOYD GROSSMAN, MICHAEL SPITHOGIANNIS AND JESSICA SEIDMAN HAVE JOINED THE FIRM
• SECOND DEPARTMENT HOLDS MORTGAGORS TO THEIR WARRANTY OF TITLE

Representative Cases

• 262-64 Higbie Lane, Inc. v. Town Bd. of Town of Islip, 267 A.D.2d 377, 699 N.Y.S.2d 909 (2d Dep’t 1999)
• Ammirati v. Van Wicklen, 16 Misc.3d 952, 839 N.Y.S.2d 685 (Sup. Ct. Nassau Co. 2007)
• Columbia Memorial Hospital v. Hinds, 38 N.Y.3d 253, 192 N.E.2d 1128, 172 N.Y.S.3d 649 (2022)
• Eastern Savings Bank v. Campbell, 167 A.D.3d 712, 90 N.Y.S.3d 212 (2d Dep’t 2018)
• Farrell v. Sitaras, 22 A.D.3d 518, 803 N.Y.S.2d 659 (2d Dep’t 2005)
• Finkelman v. Wood, 203 A.D.2d 236, 609 A.D.2d 236 (2d Dep’t 1994)
• Four Star Oil & Gas Co., Inc. v. Kalish, 272 A.D.2d 292, 707 N.Y.S.2d 189 (2d Dep’t 2000)
• Grammer v. Turits, 271 N.Y.S.2d 644, 706 N.Y.S.2d 453 (2d Dep’t 2000)
• Greenberg v. Sutter, 173 Misc.2d 774, 661 N.Y.S.2d 933 (Sup. Ct. Nassau Co. 1997)
• Jacobson Development Group, LLC v. Grossman, 198 A.D.3d 956, 156 N.Y.3d 363 (2d Dep’t 2021)
• Leist v. Goldstein, 305 A.D.2d 468, 760 N.Y.S.2d 191 (2d Dep’t 2003)
• Madonna v. Town of Riverhead, 23 A.D.3d 388, 806 N.Y.S.2d 75 (2d Dep’t 2005)
• Motovich Holdings LLC v. 315 W 35th Associates LLC, Supreme Court, New York County
• Pau v. Bellavia, 145 A.D.2d 609, 536 N.Y.S.2d 472 (2d Dep’t 1988)
• Premium Financial and Realty Services, Inc. v. 233 Broadway Owners, LLC, 20 Misc.3d 1137(A), 867 N.Y.S.2d 377 (Sup. Ct. Kings Co. 2008)
• Sirius America Ins. Co. v. Vigo Const. Corp., 48 A.D.3d 450, 852 N.Y.S.2d 176 (2d Dep’t 2008)
• Strnad v. Brudnicki, 200 A.D.2d 735, 606 N.Y.S.2d 913 (2d Dep’t 1994)
• Targee Street Internal Medicine Group P.C. v. Deutsche Bank National Trust Co., 92 A.D.3d 768, 939 N.Y.S.2d 82 (2d Dep’t 2012)
• Webster v. Sherman, 165 A.D.3d 738, 85 N.Y.S.3d 457 (2d Dep’t 2018)
• W.W.W. Associates, Inc. v. Giancontieri, 77 N.Y.2d 157, 566 N.E.2d 639, 565 N.Y.S.2d 440 (1990)
• Wydra v. Chai, 50 A.D.3d 779, 857 N.Y.S.2d 580 (2d Dep’t 2008)