Find Lawyers in New York, New York for Litigation - Real Estate
Adam B. Gilbert is a litigation and trial attorney with decades of experience in the New York market. He focuses on complex commercial disputes, with a specialization in real estate litigation and real estate valuation issues in particular. Adam also leads the New York City Commercial Litigation practice. What do you focus on? I focus on complex commercial litigation with an emphasis on commercial real estate disputes, including real estate valuation matters (ground lease and space lease rent...
John O'Sullivan is a leading trial lawyer handling high-stakes business disputes for top global clients. Chambers and Partners describes him as a "strong presence" in the courtroom who is "brilliant at breaking down complex problems so they are easy to understand." Clients praise John’s "brilliantly concise courtroom and written advocacy, and high-level strategic and tactical insight" and describe him as “very thorough, super smart and easy to work with.” He has more than 25...
Harvey R. Uris leads Skadden’s global real estate practice and has extensive experience in real estate-related capital markets and syndicated loan transactions (and other credit facilities), public and private real estate investment trusts (REITs), commercial mortgage-backed loan origination and securitization, as well as other real estate financing vehicles. He has handled numerous mortgage and mezzanine loan foreclosure and enforcement actions; workouts, restructurings of secured loan...
Litigation - Real Estate Definition
For developers, litigation can arise with land sellers over purchase and sale agreements; with municipalities over zoning and entitlements; and with contractors over construction bidding, cost overruns, and construction defects and delays. For lenders, litigation can arise with borrowers over loan commitments, loan defaults and associated debt, and collateral recovery; with junior and mezzanine lenders over subordination obligations; and with mechanic lienors over priority rights to the real property and loan proceeds. For property owners, disputes can arise with retail and commercial tenants over unpaid rent, repair and restoration obligations, and rights of first refusal.
Disputes regularly arise out of the often-complicated and interrelated contracts of the various parties with interests in the property, and tort claims of various kinds may be asserted, from broad common law claims, such as fraud and tortious interference, to more real estate-specific claims, such as trespass, encroachment, and nuisance. Equitable considerations are often present because of the unique nature of real property rights. Special insurance rights, such as title and builder’s risk policies, may be implicated.
Top-tier lawyers in the area should have a comprehensive understanding of the contractual relations, business goals, and equitable and tort concepts attendant to the entire project. Practitioners may find themselves in state, federal, or bankruptcy courts, or, particularly in construction disputes, in arbitration.
Timothy J. Patenode, Partner
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