Real Estate Litigation

Represented the general contractor with respect to numerous non-payment claims by subcontractors and suppliers on a multi-use development project. The representation involved 20 separate lawsuits, many of which proceeded to arbitration.

Defended property sellers against alleged fraud and failure to disclose past property flooding.

Defended a property owner in litigation alleging breach of contract; quantum meruit; right to lien and/or subordination and unjust enrichment stemming from subcontracting work done on property owned by our client.

Served as sole corporate, litigation, and environmental counsel for a real estate owner/developer which owns more than 300 acres on Long Island, New York. Assisted with an evaluation of the company’s insurance policies regarding landfill operations.

Represented a landlord in a breach of contract lawsuit where tenant failed to pay rent after its lease ended.

Represented a real estate investment platform in a summary ejectment/eviction and collection of past-due rent.

Served as lead counsel to a midstream natural gas and crude oil pipeline company in a temporary restraining order, temporary injunction, and litigation matter related to subdivision encroachments over a high-pressure pipeline in Parker County, Texas. A TRO and subsequent injunction were both granted. Involved issues related to the Texas Health and Safety Code and the safety of homeowners who were purchasing homes. Matter settled with a signed agreement between the parties and litigation was dismissed in state court in Parker County, Texas.

Advised a property owner regarding a railroad operator's property access, including rights and remedies.

Defended an investment limited partnership and LLC, and their respective principals, in a real property dispute before the North Carolina Business Court concerning the sale of a large parcel of real property that was part of a former family farm in Wake County, North Carolina. The plaintiffs brought suit alleging breach of contract, unfair or deceptive trade practices, and various equitable claims in connection with alleged breaches of a listing agreement concerning the property at issue. Successfully defended against the plaintiffs’ request for a preliminary injunction, and obtained an outright dismissal of the majority of the plaintiffs’ claims and summary judgment on all but one remaining breach of contract claim, which was subsequently resolved. Also obtained orders finding the plaintiffs responsible for paying our clients’ attorneys’ fees.

Defended an investment platform in litigation before a Tennessee state court. Our client was one of the primary lenders of a loan secured, in part, by a leasehold interest held in a unique boutique hotel/resort property. A development company attempted to purchase this leasehold interest, but our client refused to consent to the sale. The borrower subsequently filed for bankruptcy in Delaware. Under the final confirmation order, the leasehold was transferred to our client. The development company objected to the transfer in the bankruptcy proceeding, but withdrew the objection prior to confirmation and filed suit in Tennessee state court claiming our client wrongfully interfered with the attempted purchased and caused it to suffer damages in excess of US$50 million. Prevailed on a motion to dismiss all claims at the pleadings stage. The case was appealed to the US Court of Appeals for the Sixth Circuit.

Represented a major real estate developer in a closely held business dispute. Defended against claims for breach of contract and breach of fiduciary duty. Successfully asserted claims for breach of fiduciary duty relating to disputes over 10 limited-liability real-estate entities. Case was resolved during trial following cross-examination of opposing party’s first witness. Parties settled for an undisclosed amount.

Represented an owner of real estate in federal litigation against a co-tenant in a commercial center.

Served as trial counsel for a leading real estate investment manager that specializes in build-to-core development and ownership of large-scale, urban commercial, and multifamily projects in connection with multi-party contractual claims, governmental compliance claims, and a wrongful death claim arising from a partial building collapse in Boston, Massachusetts.

Assisted a national residential real estate developer in substantial disputes with the sewer utility provider for a 2,400-home residential community in North Carolina. The development encountered significant issues with the sewer service and wastewater infrastructure for the development. Counselled regarding proceedings before the North Carolina Utilities Commission and preparing for litigation. Advised on contractual issues and claims, liquidated damages, and other litigation issues related to the poor wastewater operations. 

Represented a commercial landlord in litigation with a former tenant after the tenant wrongfully vacated leased premises prior to lease expiration.

Represented a salon operator in connection with a commercial lease dispute arising out of the COVID-19 pandemic.

Represented the owner of multiple minor league baseball franchises in stadium lease disputes.

Represented a building materials company in procuring zoning amendments for expansion of a quarry operation and development of an affordable housing project in the Borough of Bloomingdale, New Jersey. Included successful defense of environmental claims by third-party challenges at both the trial and appellate levels. Assisted company in obtaining local sign-off for complete operational approvals, including mining and quarrying.

Represented a fitness franchisor in landlord/tenant litigation regarding a client-operated studio in Manhattan. Involved COVID-related claims and defenses.