Investigation on behalf of Federal Receiver appointed by U.S. District Court, Southern District of New York, into $450 million fraud on insurance company in liquidation and prosecution of commercial mortgage foreclosure and guaranty actions against indicted defendants Sholam Weiss and co-defendants to recover real estate assets on behalf of Delaware Insurance Commissioner. Donna Lee Williams, Insurance Commissioner of The State of Delaware v. LPDA Acquisition Corp., et al., U.S. District Court, Southern District of New York.
Represented buyer of commercial building in Manhattan against seller in lawsuit for specific performance resulting in court decision and judgment directing transfer of property and award of attorneys’ fees against seller and its law firm, directing that if seller fails to comply, New York County Sheriff will convey the property resulting in seller complying with court’s directive and conveyance of title at closing. Supreme Court, New York County.
Representation of 50 percent investor in multiple apartment buildings in New York City against managing member for failure to pay return on investment and profits resulting in judgment against managing member. Supreme Court, New York County, Commercial Division.
Successful defense of lawsuit against seller of 20-unit apartment building against claims of purported buyer of property who had no contract in writing resulting in dismissal of action under New York’s Statute of Frauds. Supreme Court, Queens County.
Representation of buyer of commercial property in lawsuit against seller over undisclosed restriction in original deed from City of New York resulting in cancellation of sale and return of down payment. Supreme Court, New York County.
Defense of homeowner in proceedings by Village Board of Zoning and Appeals in administrative proceedings to enforce Village Code restrictions against homeowner. Kings Point, New York.
Successful defense of seller of commercial property in Manhattan against lawsuit by buyer as to alleged misrepresentations of commercial leases. Supreme Court, New York County.
Outside General Counsel for New York Mortgage Banker, including litigation, corporate, audit and regulatory matters.
Defense of home builder in various lawsuits by buyers, contractors and subcontractors in New York State Supreme Court in Kings, Queens, Bronx and Nassau Counties.
Successful representation of buyer of commercial property in Manhattan in lawsuit against seller for cancellation of contract of sale due to exceptions to title, resulting in court decision denying buyer’s claim for specific performance and settlement cancelling contract and return of down payment. Supreme Court, New York County.
Representation of buyer of vacant lot in Nassau County against seller for specific performance of contract of sale in lawsuit resulting in settlement and closing of title. Supreme Court, Nassau County.
Representation of buyer of building in Manhattan against seller for specific performance of contract of sale in extensive litigation resulting in judgment dismissing specious fraud claims forcing closing of title. Supreme Court, New York County, Commercial Division.
Representation of buyer of building in Manhattan against seller for specific performance of contract of sale in lawsuit resulting in closing of title. Supreme Court, New York County, Commercial Division.
Representation of buyer of property from Church located in Manhattan in proceedings to obtain Supreme Court approval and permission from New York State Attorney General’s Office under New York’s Religious Corporation Law.
Representation of owner of petroleum bulk storage facility in proceedings by New York State Department of Environmental Conservation resulting in settlement.
Representation of builder of homes in Queens regarding enforcement of easements granted by adjacent property owners for sewer and water connections. Supreme Court, Queens County.
Represented property owner of multi-acreage parcel in boundary line dispute with adjacent neighbor in lawsuit resulting in favorable Boundary Line Settlement Agreement after obtaining testimony from out of state former owner of property. Supreme Court, Nassau County.
Represented homeowner in lawsuit against adjacent property owner to remove large tree affecting client’s property and home, resulting in agreement for removal of tree under certain terms and conditions. Supreme Court, Nassau County.
Represented Town of North Hempstead in review and analysis of Town landmark laws and applicable case law concerning potential landmark status of the Roslyn Country Club community, a 668 home residential development constructed in 1949 by Levitt, one of the country’s most influential and renowned developers of the post-World War II suburbs.
Prosecution of action by real estate owners against managing agent for improper removal of funds and mismanagement of properties. Chartwell Realty Partners, et al. v. Zepka Goldberg, U.S. District Court, Southern District of New York.
Successful defense of real property owner in proceedings by New York City to appoint administrator over rent stabilized building. NYC Department of Housing & Community Renewal v. 551 West 175th Street Realty Corp., Housing Court, New York County.
Action on behalf of debtor/real estate owner against co-venture construction partner for breach of construction contract and fraud and against construction lender for lender liability. Donnellan Birdsall Company v. Corco Construction (In re Donnellan), U. S. Bankruptcy Court, Eastern District of New York.
Action by general partner against other general partner for breach of partnership agreement, against construction company for improper construction, and against lender for lender liability in connection with formation, development and operation of marina complex. North Unity Corp., et al. v. Carlyle Northport Marina Associates, Carlyle Construction Corp., Citibank, N.A., et al., U.S. District Court, Eastern District of New York.
Prosecution of action by shareholders against sponsor of co-op resulting in transfer of voting control of co-op from sponsor to shareholders. North Shore Towers Shareholders Association v. Three Tower Associates, et al.; U.S. District Court, Eastern District of New York.
Representation of Major New York City commercial landlords in Commercial Breach of Lease and Eviction actions in Manhattan Civil Court, Landlord Tenant Commercial Part.