Real Estate Litigation

Experience:

Real Estate Finance and Workouts:

• Counsel to Fortune 50 bank in connection with workout of office building in downtown Los Angeles.
• Counsel to court appointed Receiver for the New York Times Building.
• Represented foreign lender in connection with disputes arising from the development of $25 billion high speed rail corridor in Texas.
• Represent New York based commercial real estate development fund in litigation in Texas and New York regarding enforcement of rights under commercial loan term sheet.
• Defended lender liability claims in Eastern District of New York adversary proceeding involving a single- and multi-family retirement community under development.
• Represent real estate private equity investment manager in Ohio litigation alleging lenders acted in bad faith by refusing to consummate loan modification and thwarted borrower’s efforts to cure loan defaults.
• Represent borrower in workout of commercial loan portfolio during pendency of building level J-51 litigation, including as appellate counsel before New York’s First Department.
• Represent building owner in dispute with cooperative board members.
• Counsel to Fortune 50 bank in litigation alleging improper servicing of CMBS portfolio and pursing enforcement of remedies against mixed use property in downtown San Francisco.
• Represent New York developer in federal litigation regarding rights under commercial mortgage loan and servicing agreements.

Enforcement of Remedies and Guarantee Litigation: 

• Represented private equity firm in litigation challenging UCC sale of membership interests in a newly constructed condominium located in Manhattan’s Upper East Side. Defeated borrower’s efforts to obtain a TRO enjoining the sale and obtained post-sale summary judgment concluding that the sale process was commercially reasonable. Litigation occurred during the height of the COVID-19 pandemic.
• Represent private equity firm in connection with UCC sale of equity interests in hotel in Ohio. Defeated post-sale action challenging propriety of sale process.
• Represented sponsor in connection with 34 separate state receiverships arising in connection with portfolio of flagged hotel properties.
• Represented Fortune 50 bank in connection with foreclosure sale of office park in Austin, Texas, including workout with mezzanine lender.
• Represented publicly traded real estate investment firm in connection with foreclosure of commercial mall in Washington, DC.
• Represented international insurance company in connection with foreclosure of commercial office buildings in Washington, DC; Bethesda, Maryland; Portland, Oregon; and Minneapolis, Minnesota.
• Advising private equity firm in connection with its acquisition of a national portfolio of distressed commercial mortgage debt, including with respect to workouts and enforcement of remedies.
• Representing real estate investment fund in connection with enforcement of remedies (mezzanine and mortgage portfolio) against borrowers in Virginia, Maryland, Chicago, Miami, and Nevada.

Purchase and Sale Litigation:

• Represented buyers and sellers in multiple disputes regarding the obligation to close purchase and sale agreements and rights to initial deposits.
• Represented real estate developer in New York litigation regarding exercise of rights of first refusal on adjacent properties.

JV and Partnership Disputes:

• Represented Sponsor in workout of JV Agreement as a result of foreign bankruptcy of members and guarantors.
• Represented JV Managing Member in arbitration regarding wind down of JV and return of capital contributions.
• Represented holding company in connection with the restructuring of the ownership of a landmarked Art Deco building located in the Financial District of Manhattan and the settlement of a partner dispute in connection with the buyout of the historic tax credit investor. The dispute involved the allocation of income and tax liabilities among the partners.

Complex Sales/Commercial and Residential Leasing: 

• Representing developer in litigation in Miami related to pre-construction condominium sales contract regarding authority to assign contractual rights.
• Represented owner of residential apartment portfolio in North Carolina class action alleging improper tenant charges.
• Regularly represent landlords and tenants in disputes arising from defaults or potential defaults under commercial leases.
• Represent landlords and tenants in connection with Yellowstone Injunctions.
• Advised developer of hotel-condominium in Florida regarding potential claims alleging fraudulent advertising regarding short-term rental potential.
• Represented the owner of a Houston commercial office building in a breach of lease dispute against a dissolving law firm.
• Represented major retailer in a breach of contract/breach of warranty action filed in the Northern District of West Virginia against the developer of a shopping center.
• Represent national grocery store chain in tenant landlord dispute regarding use and subdivision of property. Obtained Yellowstone injunction during pendency of litigation.

Construction Litigation:

• Represent the owner of a hotel in Houston, Texas in construction arbitration with the general contractor for the project.
• Represent developer in construction and design dispute regarding mixed use development in Newark, New Jersey.
• Represented developer of luxury residential condominium in Miami in construction defect litigation.
• Defended a national building products distributor in a lawsuit involving alleged structural and construction defects in a condominium complex located in North Carolina.

Land Use:

• Defend a natural gas company in 30 separate condemnation actions in the US District Court for the Northern District of Georgia.
• Represented landowner in land dispute involving a potential legal challenge to a proposed subdivision of property on Martha’s Vineyard.
• Represented national homebuilder in connection with downzoning litigation.
• Represented landowner in New York arbitration regarding covenants to restrict land use.
• Represented natural gas pipeline company in connection with a dispute over an easement for a natural gas pipeline and related facilities.
• Represent water company in condemnation proceeding for a water main easement.