Representative Matters

  • Successfully argued for adjoining property owner’s right to a license fee for loss of use of rooftop terrace and alleyway due to neighboring co-op’s Local Law 11 work. Supreme Court’s decision, which also awarded the owner and coop a per diem penalty if the work was not completed on time, held that notwithstanding that the petitioner's intrusion was for the purpose of repairs, as opposed to new or elective construction, respondent should not have to bear the loss uncompensated. The Appellate Division upheld the decision and also held that the Supreme Court also did not abuse its discretion in granting respondent’s attorneys' and engineers' fees. (Van Dorn Holdings, LLC v. 152 W. 58th Owners Corp., 2016 NY Slip Op 31598(U))
  • Handle construction contracts and neighboring property owner agreements for U.S. subsidiary of Chinese international real estate firm developing a mixed-use, 16-story, 269-unit condo and hotel building at the site of a historic theater in Flushing, Queens. Project includes 17,000 square feet of retail, 15,000 square feet for a community facility, 305 parking spaces, the restoration and reuse of the landmarked theater lobby and negotiations with more than 21 adjoining property owners. The project involved several court proceedings to obtain access. Have represented the client in multiple projects, including development of an 82-unit mixed-use building housing condominiums and retail space in Hell’s Kitchen.
  • Drafted and negotiated construction contacts and license agreements with neighboring properties for mixed-use condominium projects on the Upper West Side of Manhattan — totaling 250,000 square feet and valued at more than $100 million — for vertically integrated owner, developer and operator of residential real estate in New York. 
  • Represent vertically integrated owner, operator and developer of residential, commercial and hotel properties in the New York metro area in all aspects of development of a property portfolio valued at more than $1 billion. Provide advice on construction contracts, neighbor agreements and general construction-related issues.
  • Counsel the U.S. arm of an international, Swedish-based investment company that specializes in the creation of first-class apartments, on the drafting and negotiation of construction contracts for renovations, upgrades and apartment reconfigurations for over 20 New York City properties. Assist in gaining access to adjoining properties and handling disputes with contractors over defective work, fees and the resumption of work under COVID-10 protocols.
  • Represent international developer in the $100 million redevelopment and repositioning of a long vacant Times Square theater.
  • Drafted and negotiated construction contracts and agreements for $50 million, 12-story co-living dormitory facility in Williamsburg, Brooklyn, for London-based developer of unique live/work and co-living spaces designed to foster human connections and promote more fulfilling lives.
  • Commenced RPAPL 881 against neighbor who wanted an exorbitant and non-market amount of license fee for minor rooftop protection during construction, including money to relocate all tenants of the building. Supreme Court in Queens County, New York granted our client a license with minimum license fees. The neighbor appealed and the Appellate Division, in March 2021, upheld the decision of the lower court as proper and within the court’s discretion.
  • Helped client avoid a construction delay by preventing the cancelation of its construction insurance based on a material representation. Wrote response letter that convinced the carrier to rescind its cancellation, allowing the project to start on schedule.
  • Represent high net worth owners in significant home renovations and protection from adjoining construction.
  • Assist prolific developer in rescuing distressed projects across the country, including joint venture agreements at the owner and construction manager level, workouts of breached contracts and lien disputes to assist in the project being completed successfully.
  • Assisted a client’s bankruptcy counsel in preparing for trial and eventually settling with the owner of a neighboring property that refused to extend the term of an access agreement due to the bankruptcy. The license agreement was essential to the client’s ability to get the reorganization plan confirmed.
  • Obtained a temporary restraining order ceasing a neighboring developer's unlawful underpinning of the building of our client, Sunset Park Terrace I Condominium.