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    Real Estate (Litigation)

 

  • Consultation in actions before regulatory agencies, such as the New York City Commission on Human Rights, New York City Department of Housing Preservation and Development, New York City Landmarks Commission, New York City Loft Board, New York State Attorney General's Charities Bureau, New York State Division of Housing and Community Renewal, New York State Division of Human Rights, local community boards

 

  • Knowledgeable in multiple dwelling laws, negotiations for tenant buy-outs, the New York City Administrative Code, the New York City Department of Housing (NYCHPD), the New York State Division of Housing and Community Renewal (NYSDCHR), rent control, rent stabilization.

 

  • Always attempts to avoid litigation through comprehensive negotiations geared towards amicable settlements.

 

  • Assistance in Civil Court of the City of New York (New York City Housing Court) proceedings.

 

  • Consultation for commercial business disputes and litigation, such as breach of contract (with customers, vendors or counter-parties), breach of fiduciary duty, conflicts with neighboring property owners, court-ordered accountings, derivative actions, dilution of interest, dissolutions (joint ventures, LLCs, partnerships), financial wrongdoing, fraud, fraudulent business actions, fraudulent inducement, freeze-outs, injunctive relief, inter-owner (co-owner, joint venture, shareholder and partnership), limitation of liability, lockouts, member interests and buyouts, mergers and acquisitions (M&A), minority shareholder representation, monetary awards, money judgments, noncompete agreements, personal injury, purchases and sales, restrictive covenants, severance packages for managers and executives, sexual harassment, slip-and-fall, specific performance, squeeze-outs, tortious interference with contract, workplace violence, workspace issues, wrongful interference and any other available civil and equitable remedies.

 

  • Consultation regarding disputes and litigation involving access agreements (under New York Real Property Actions and Proceedings Law Section 881, property owners can seek permission from the court if necessary to enter adjoining premises as necessary to make required improvements or repairs), adverse possession, beneficial and other ownership interests, breach of contract (such as either failure to consummate a pending deal or failure to fulfill the terms of an existing deal), commercial and residential lease disputes, construction contract issues (delays, change orders, defects), construction litigation (mechanic's liens, defects, nonperformance), constructive trusts, closing issues (such as breach of contract, time is of the essence, loan workouts, title defects, misrepresentations, loan or financing issues), declaratory judgment actions, deed transfers, distressed real estate, easements, environmental issues, foreclosure, fraud, injunctions, licenses, lis pendens, misrepresentation, nondisclosure, partition and co-owner disputes, quiet title actions, recovery of down payment or earnest money deposit, rights-of-way, tenant bankruptcy, title defects.

 

  • Consultation for common disputes between co-owners of commercial or residential real estate who may now have divergent interests (such as unrelated co-investors, unmarried or formerly-married couples who bought property together, siblings who inherited property, or business partners with joint property) to either sell the property and divide the proceeds, divide the property between the parties or arrange a buyout of one or more parties, including accounting actions, adjacent property use affecting title or value of the subject property, adverse possession, air rights, beneficial or nominee interests, declaratory judgments, easements or other right-of-way issues, financial issues resolution, fraudulent transfer of deeds, license and access for property improvement, partition, quiet title actions to resolve or preclude claims, resolving title defects in anticipation of transactions.

 

  • Consultant to Fortune 500 company, for energy-related (electricity and natural gas supply and distribution) class actions.

 

  • Experience with New York Labor Law LAB § 240 – Scaffolding and other devices for use of riggers.

 

  • Resolution of disputes without litigation and addressing government action involving participants in the blockchain market, such as digital token issuers, fintech startups, service providers (such as AML and KYC contractors, blockchain developers, blockchain economics and governance advisors, broker-dealers, cryptocurrency and digital token exchanges, marketing specialists, STO and DSO launch platform providers), and their investors, executives and owners.

 

  • Assistance for the resolution of typical corporate disputes, such as breach of fiduciary duty, breach of employment contracts, breach of preferred shareholder rights, disputes over the corporate documentation (such as interpretations of the corporate bylaws, partnership agreement, operating agreement and shareholder agreements), disputes regarding buy-sell agreements or similar partner or shareholder buyout arrangements, enforceability of non-compete agreements, expulsion or wrongful withdrawal, oppressed minority disputes and deadlocks, theft, misappropriation or commingling of corporate or partnership property, and representation at zoning board and planning board hearings.

 

  • Consultation for recission by and restitution to investors defrauded by principals involved in various fraudulent activities regarding initial coin offerings (ICOs) through investigating whether completed ICOs have complied with US securities laws, reviewing all available ICO documentation (such as statements, correspondence and marketing materials of ICO issuers in connection with their token-generation events) for any possible false, misleading or prohibited material.

 

  • Assistance for diverse prosecutorial and regulatory matters, including investigations and subpoenas by the US Commodity and Futures Trading Commission (CFTC), Department of Justice (DOJ), IRS, FINRA, Financial Crimes Enforcement Network (FinCEN), New York Attorney General, New York County (Manhattan) District Attorney, SEC.

 

  • Typical investigations-related tasks, such as advising clients regarding their rights and obligations during investigation or enforcement action and protecting clients’ rights throughout the process, appealing adverse decisions to a court of appropriate jurisdiction, corresponding with agencies on behalf of clients regarding investigations, subpoenas, or enforcement actions, formulating a comprehensive strategy for resolving enforcement actions taken against our clients through settlement negotiations, as well as administrative or trial proceedings, reviewing clients’ activities and counseling them regarding changes to ensure future compliance, timely responses to agency subpoenas or challenging such subpoenas when appropriate.

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    Last updated 200514_2058

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