Cleary Gottlieb Partner Fights for $25,000 a Month New York Penthouse
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)

Photo courtesy of New York Daily News.

Summary: Cleary Gottlieb partner, Barry Fox, lost his $25,000 a month penthouse apartment due to a technicality. 

A partner at Cleary Gottlieb got kicked out of his $25,000 a month penthouse in New York, and now he is fighting to regain his space.


According to the New York Daily News, attorney Barry Fox lived in a rent-stabilized apartment near Central Park in New York City’s posh Upper East Side. In 2008, he signed his lease using a corporate name, and when the building was purchased by a new owner in 2014, Fox was told he could buy the unit for $25 million or get out.

Fox sued the landlord, stating that he was trying to illegally destabilize the rent, but Fox’s landlord said the Big Law partner was not protected by rent control laws because he had signed the lease under a corporate name. The landlord told New York Daily News that he believed Fox used the corporate name in order to write off the apartment’s cost of $300,000 a year on his taxes.

“It would seem obvious that Fox’s intention in this scheme was to be able to write off his rent as a deduction on his income taxes,” said Paul Coppe, an attorney for Fox’s landlord.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!

Fox did not offer an explanation on why he signed the lease using the name MBE Ltd, but his attorney Richard Emery said that the landlord’s allegations were “nonsense.”

Fox lived in a full floor penthouse that was 3,300 square feet and had a 1,900 square foot terrace. His rent cost $25,000 a month.

When the new landlord took over in 2014, Fox chose not to buy his unit, and he sued the landlord, claiming that he had unlawfully deregulated his rent-controlled apartments. However, four of five First Appellate Division judges said that Fox’s decision to not sign the lease under his own name voided his right to rent stabilization.

“From that time onward, Fox ceased being a tenant and no longer had any of the rights to which a rent-stabilized tenant is entitled,” the appeals judges wrote in their decision.

Fox’s attorney said that he would continue fighting the case for his client and take it to the state appeals court. He said that Fox did not know his penthouse was rent stabilized when he signed the lease in 2008 and that this case “presents a giant loophole in protections for rent-stabilized tenants. It has enormous public policy implications.”

Rent control is typically used by low-income tenants, according to Aaron Carr of the Housing Rights Initiative. Carr said that this case was unique.

Fox is listed as a partner on Cleary Gottlieb’s website, which states his practice focuses “on domestic and international corporate law, ranging from mergers and acquisitions to finance and corporate counseling.” The Harvard Law graduate joined the firm in 1974 and became a partner in 1981.

What do you think of what happened to Barry Fox? Let us know in the comments below.


Interesting Legal Sites You May Like




Search Now

Family Law Associate Attorney


Madison office of our client seeks associate attorney with 1+ year of legal experience. The candidat...

Apply Now

Commercial and Bankruptcy Litigation Attorney


Miami office of our client seeks attorney with 5+ years of experience in bankruptcy litigation and/o...

Apply Now

White Collar And Litigation Associate Attorney


Boston office of an AmLaw firm seeks White Collar and Litigation Associate Attorney with 5 years of ...

Apply Now


CO Paralegal Parexcellence

USA-CO-Greenwood Village

Small, well-established transactional law firm (commercial real estate, estate planning, mergers & a...

Apply now

Claims Attorney


TransEleven Claims Managers (TCM) is a third-party administrator (TPA) that provides comprehensive c...

Apply now

Family Law Associate Attorney


FAMILY LAW ASSOCIATE ATTORNEY JOB QUALIFICATIONS JD and valid license to practice law in th...

Apply now

Legal Inside Sales Person and Administrative Assistant



Apply now


To Top