Real Estate Litigation

We have represented a number of operators, developers, investors, tenants, sellers, buyers and various other interests in a large variety of real estate disputes, including, for example, the following:

  • Representation of commercial property developer against a building’s retail space owner and various subcontractors.  Litigations involved a defense against the foreclosure of a mechanic’s lien, claims of construction negligence, and a detailed analysis of payment applications and construction reports.  Our analysis and presentation of the amounts outstanding and the order of priority of the liens led to our client’s strategic purchase of a certain lien, which in turn sufficiently altered the rights of the various interested parties to allow our client to negotiate a favorable settlement.
  • Representation of SEC appointed receiver tasked with marshaling the assets of a commercial lender that had been the subject of a securities fraud action in California.  Litigation involved the foreclosure of two multimillion-dollar mortgage loans on a hospital in Queens, NY.  The loan structure and history of the project required significant analysis and careful presentation.  Successfully dismissed borrower counterclaims.  Navigated a contentious discovery phase that included the incarceration of one of the borrower’s principals.  Successfully moved for summary judgment and obtained a judgment of foreclosure.  Positioned the client to sell the mortgage and note to another lender at a premium.
  • Representation of property owner in action to vacate mechanic’s lien filed by general contractor in connection with $4 million renovation.  Handled discovery and interviewed fact witnesses.  Obtained documents from general contractor’s former administrator which led to suit by general contractor against former administrator.  Successfully defeated claims against former administrator and vacated mechanic’s lien.
  • Representation of judgment creditor against debtor in bankruptcy.  Successfully petitioned bankruptcy court to order the sale and partition of 26 acres of property surrounding debtor’s homestead.
  • Prosecution of co-op owner’s claims against neighbor and co-op board regarding neighbor’s menacing and threatening behavior directed at our client and our client’s patients.  Litigation involved an action for private nuisance, breach of contract, defamation, slander, assault, prima facie tort, intentional infliction of emotional distress and injunctive relief.  The compelling presentation made to the court in opposition to defendant’s motion to dismiss caused the judge to immediately So Order injunctive relief in favor of our client.
  • Prosecution of limited liability company’s claims against former sole managing member of real estate company who illegally and fraudulently diverted the assets of the company and engaged in criminal activity.  Litigation included motion for pre-judgment attachment, motion to dismiss, voluminous discovery, and successful judicial enforcement of the settlement agreement.
  • Representation of family’s real estate investment vehicles and their managers against former colleagues and joint venturers in connection with separation of their Manhattan real estate interests valued at over $200 million.  Successfully obtained an order of dissolution of the jointly owned real estate corporation.  Defended client managing member and property manager against joint venturers’ suit seeking damages for breach of fiduciary duty and obtained an order awarding the advancement of litigation costs to our client.  Substantial document discovery, multiple mediations, and the leverage generated by the dissolution led to a buy-out arrangement that allowed our clients to neatly disengage from their joint venturers with advantageous tax treatment.
  • Representation of seller of property in Coney Island in connection with disputes arising out of his sale of property to a large developer.