Commercial Real Estate Workouts and Litigation

Below are some representative matters that our Firm has handled over the years:

• Representation of a large REIT in a dispute involving a portfolio consisting of over a hundred properties located throughout the United States. 
• Representation of a property management company and guarantor in a suit alleging breaches of subordination agreements and guaranties.
• Representation of mezzanine borrowers in a dispute related to commercial reasonableness of a UCC disposition. 
• Representation of a mortgage lender in a dispute related to collection of default interest.
• Representation of a large investor in a dispute related to certain actions taken by the servicer in a commercial securitization.
• Representation of an international developer of large residential and commercial real estate leased to a foreign government in a complex financial fraud action relating to a secured lending facility.
• Representation of both the creditors’ committee and the Post-Confirmation Liquidation Trustee in the bankruptcy case for a residential real estate developer.
• Representation of a major retail shopping mall as landlord in the U.S. Bankruptcy Court for the Southern District of New York related to a lease of a bankrupt department store.  A dispute between the parties is now on appeal before the U.S. Court of Appeals for the Second Circuit.
• Representation of a major Fifth Avenue landlord in connection with a complex workout with a significant tenant, whereby the tenant will surrender its space, certain payments will be made upon the deal closing and certain additional payments are to be made over time, with such additional payments being secured by a letter of credit and a personal guaranty and the landlord possibly receiving additional payments if the tenant’s equity holders get paid over a 10-year period.
• Representation of a property management company in connection with the bankruptcy of a major retail store.
• Representation of a real estate developer in handling real estate partnership disputes for partners in development projects.
• Representation of the owner in a heavily contested construction arbitration relating to major cost overruns in a Manhattan real estate project. 
• Conducted rent arbitration on behalf of a private university regarding leased premises in Manhattan.
• Defense of action for “Yellowstone” injunction and, later, alleged CERCLA violations brought by commercial tenants of two industrial properties in Queens and Nassau counties.
• Experience with court appointed receiverships of troubled properties, including one which required completion of a Manhattan office building.
• Representation of the landlord of a Fifth Avenue office building in an action against street-level retail tenants relating to violations of lease standards regarding use and display windows. Obtained an injunction that led to desired resolution of prime tenant relinquishing lease.
• Representation of an international conglomerate as the seller of a global product line in a post-closing action by purchaser alleging fraud in accounting for a synthetic lease covering principal U.S. property.
• Representation of the landlord in a dispute relating to lease provisions concerning the payment of real estate taxes.
• Representation of the owners in an arbitration relating to pre-payment penalty clauses in a mortgage on a property being sold.
• Representation of the fee owners in a dispute regarding the recalculation of rent due on a long-term ground lease.
• Representation of the landlord in a real estate arbitration involving a dispute over the rent escalation provisions of a commercial lease.
• Representation of a nonprofit organization in a dispute in New York federal court relating to our client’s rights as a tenant following the bankruptcy filing and subsequent sale of the building by its owner.