Experience
Summary Judgment for Commercial Real Estate Lender
Secured a victory in the New York Supreme Court, Appellate Division, First Department, on behalf of a commercial real estate lender. A borrower and guarantors sought to void multiple loan, mortgage, note and guarantee agreements by claiming that the agreements were unconscionable and induced by fraud. The trial court granted summary judgment dismissing the claims and granting the client’s counterclaims for foreclosure. The Appellate Division affirmed, following which the trial court issued a final judgment of foreclosure and sale.
Real Property Partnership Dispute
Represented four limited partnerships in derivative action alleging that four separate apartment complexes in Manhattan were sold to an insider for less than fair market value in breach of the general partners’ fiduciary duties, resulting in global settlement reimbursing limited partners for their losses.
Contract Dispute Concerning Sale of Factory
Represented the seller of a factory in connection with claims for promissory estoppel and breach of contract resulting in seven-figure award after trial in favor of seller in New York.
Construction Dispute
Resolved dispute on summary judgment concerning developer’s failure to pay contractor for construction work and successfully collected the debt from developer during the developer’s subsequent bankruptcy action.
Disputes Concerning Purchase of Unsold Co-op Shares
Represented major developer in a series of suits concerning the developer’s attempted purchase of a large block of unsold co-op shares worth over $200 million, the usurpation of that opportunity by an erstwhile joint venture partner, and a real estate broker’s subsequent attempts to collect a fee in connection with the transaction resulting in a net payment of millions of dollars to the developer.
Dissolution of Accounting Partnership
Represented senior partner in arbitration concerning dissolution of partnership resulting in seven-figure award for senior partner.
