Practice Areas > Real Estate and Construction Litigation

We deal with traditional contract issues and more unusual situations.
We do a significant amount of work in commercial real estate. In this field it is essential to understand the nuts and bolts of the construction process and the various aspects of a deal that have to come together.  The key to successful real estate litigation is to untangle the amalgam of detailed claims that come together in a case and deal separately with each possibility until the problem becomes clear to all.

We have extensive experience with the issues facing real estate developers today.
We deal with a wide range of cases including foreclosures, lender disputes, construction litigation, brokerage claims and coping with regulatory restrictions, other potential lease or development limitations. We also deal with the more traditional aspects of commercial real estate such as lease negotiations and establishing the ownership structure of a development.

Representative Cases/Reported Decisions

100 Norwalk v. Trilegiant Corp (D. Conn.) We represent the owner of a large Connecticut office building in a dispute with its tenant arising out of water damage.

325 Schermerhorn LLC, et. al. v. Nevins Realty Corp. et. al. Won a summary judgment motion compelling defendants to pay $3.6 million plus interest representing a returned down payment on four properties because of a transit easement assumedly known to all parties at the time the contracts were executed. Reported decision at 2009 WL 997501; Affirmed by Appellate Court ___ NYS 2d___, 2010 WL 3245481, 2010 NY Slip Op. 06416.

LeNoble Lumber Company v. 525 West 52nd St. LLC.Interpreted commercial  condominium documents to assert a minority owner’s right of first refusal to purchase the balance of the building, resulting in a seven figure settlement in 2006 in the Supreme Court, New York County.

Jasinski v. City of New York. Reversed a trial court decision by prevailing on construction of indemnification clause in condominium documents to show that sponsor/owner of a condominium unit had been indemnified by condominium for personal injury sustained on a treewell in an adjacent sidewalk. Reported at 290 A.D. 2d 237, 735 N.Y.S.2d 126 (1st Dept. 2002).

Menorah Nursing Home v. Zukov. Won a $2,000,000 settlement for a nursing home after six weeks of trial for defective masonry construction arising from a $180,000 contract, in the Supreme Court, Brooklyn, New York.

West Broadway Glass Co. v. I.T.M. Bar, Inc., 245 A.D.2d 232, 666 N.Y.S.2d 629 (1st Dept. 1997) Reversal of an Appellate Term decision that upheld a trial court's determination to abate rent entirely as a result of floods on commercial premises and remanded for calculation of actual damages.

Sullivan Realty Company v. Rowan.  In a zoning case, won a trial and appeal to recover security deposit on land purchased for a 425 unit development by proving that the purchaser diligently attempted to obtain local government approvals, even though it failed to do so. Reported at 234 A.D.2d 701, 650 N.Y.S.2d 858 (3rd Dept. 1996) and 189 A.D.2d 1084, 593 N.Y.S.2d 102 (3rd Dept. 1993)

Berman & Brickell v. The Penn Central Corp. Won a non-jury trial dismissing a multimillion dollar claim by broker against Penn Central, the owner of a Park Ave. building, proving that the broker was not the procuring cause of a lease of the space in the Federal District Court, Southern District of New York, and sustained the dismissal on appeal.

Hillman v. Penn Central Corp. 204 A.D.2d 902, 612 N.Y.S.2d 489 (3rd Dept. 1994) Prevailed on interpretation of General Obligations Law recreational immunity to dismiss severe personal injury brought against a railroad. Successfully reversed trial court’s denial of summary judgment reported at 204 A.D. 902, 612 N.Y.S.2d 489 (3rd Dept. 1994).

Marks v. Zucker, 118 A.D.2d 452, 499 N.Y.S. 2d 740 (1st Dept. 1986) Dismissal of key claims in partnership dispute involving numerous Manhattan buildings.