Real Estate Litigation
Our aggressive advocacy, and our strong understanding of the real estate market helps us creatively resolve disputes involving acquisitions and sales, construction and neighboring access, leasing, financing, title insurance, fraud, partnership battles and dissolutions, and other complex matters.
Our real estate litigators are well-versed in transactional issues and steeped in the real estate market, a fact that lets us deliver exceptional creativity and efficiency during the dispute resolution process. We regularly tackle a full range of complex disputes, while collaborating with commercial real estate owners, developers, investors, and family offices to identify, mitigate and manage operational risk in their portfolios.
Partnership Disputes
We represent partners under various ownership structures, including general partnerships and limited liability companies, in disputes that arise regarding participation rights, termination and management fees, partnership interest sales, and partnership dissolutions.
Commercial Leasing Disputes
Our real estate litigators represent sophisticated landlords and tenants in termination and option disputes, rights of first refusals, operating expense disputes, fair market rent reset arbitrations, and other commercial lease disputes.
Construction & Lien Disputes
We assist owners, developers, lenders, and investors in the resolution of a wide range of construction disputes, including payment disputes, lien claims, defective design and construction claims, delay claims, indemnity claims, default and convenience terminations, as well as claims against surety bonds and construction insurance policies.
Breach of Contract Disputes
We represent commercial property owners in a wide range of contract disputes, seeking money and liquidated damages, as well as termination or specific performance of the contract through negotiation, litigation, and alternative dispute resolution.
Title Insurance
We represent title companies and commercial property owners in all aspects of title insurance claims, litigation, and coverage investigations. We regularly handle a wide range of issues, including mortgage fraud, boundary line disputes, lien priority disputes, and recoupment actions.
Commercial Foreclosures
We represent lenders and borrowers in foreclosure litigation, and in related aspects of commercial real estate foreclosures, including cases involving mezzanine loans and multiple liens.
Neighbor Access Agreements & Disputes
New York City property owners often need access to their neighbor’s property, to make repairs and improvements to their own property. We represent clients in negotiating access agreements, and in disputes involving Section 881 of New York’s Real Property Actions and Proceedings Law.
Stein Adler Secures Cancellation of Improper Notice of Pendency Against Brooklyn Condominium Development
Stein Adler successfully obtained an order canceling an improperly filed Notice of Pendency (lis pendens) against the owner of a Brooklyn condominium development after demonstrating that the underlying trespass action did not seek any relief affecting title to or possession of the property. The decision removed a cloud on title that threatened ongoing condominium sales for our client and highlights the firm’s experience protecting developers and property owners in complex New York real estate litigation.
Stein Adler Obtains Emergency Relief to Protect Developer’s $1.3 Million in Property Sale Proceeds
Stein Adler obtained emergency injunctive relief on behalf of a real estate developer seeking to protect its interest in the proceeds from the sale of a Brooklyn property after the client alleged that more than $10 million in sale proceeds had been distributed without any payment to the client despite its multimillion-dollar investment in the project. The team successfully secured a Temporary Restraining Order preserving the remaining $1.3 million in proceeds pending litigation and subsequently defeated an attempt by the property’s minority owner to vacate the TRO.
Stein Adler Facilitates Favorable Settlement in Architect Fee Dispute
Stein Adler successfully represented a prominent real estate owner and developer entangled in a legal dispute with an architect over unpaid fees. Initially represented by another firm, our client turned to Stein Adler for a more aggressive approach. Our strategic decision to countersue shifted the momentum of the case and after rigorous negotiations, the architect agreed to a settlement that not only resolved the complaint but also led to the removal of a substantial lien against our client’s property.
Stein Adler Secures Decisive Legal Victory in Property Sale Dispute
Stein Adler successfully represented our client, a Monmouth County, NJ real estate developer, in a complex legal battle involving a failed property sale. The buyer, unable to secure financing, filed a lawsuit and placed a lis pendens on the property. Stein Adler countered by advocating in court for our client, resulting in the cancellation of the lis pendens and the denial of the buyer’s request for an injunction freezing the property. This crucial victory was upheld on appeal, reaffirming our client’s right to sell the property unencumbered.
Stein Adler Secures Important Two Wins in Manhattan Foreclosure Action
Secured two important decisions for a private real estate lender that was foreclosing on commercial property in Manhattan. In two sweeping wins for our client in New York Supreme Court, we defeated the borrower’s attempt to block the appointment of a receiver for the property, as well as their motion to dismiss the foreclosure action in its entirety.
Stein Adler Obtains Voluntary Dismissal on Behalf of Real Estate Lender
Stein Adler successfully defended a real estate lender in an action in the New York County Supreme Court brought by an investor claiming that a joint venture wrongfully obtained a mortgage loan from our client without the requisite authority. After Stein Adler filed a motion to dismiss and presented the court with controlling authority, the investor agreed to voluntarily dismiss our client from the action.
Stein Adler Represents Developer in $20M Lease Termination Victory
Successfully represented a real estate developer in federal litigation brought by a commercial climbing gym tenant, seeking to terminate a long-term, $20 million lease over COVID-19 related claims. The U.S. District Court for the Eastern District of New York granted our motion for summary judgment, dismissing the tenant’s case and awarding our client summary judgment on liability.
Stein Adler Obtains Dismissal on Behalf of Real Estate Lender
Stein Adler successfully represented a real estate lender in an action in the New York County Supreme Court alleging that our client had enabled a fraudulent conveyance of property. After moving to dismiss and presenting controlling authority that the plaintiff’s claim had no legal basis, the plaintiff abandoned its claim against our client, which was dismissed.
Stein Adler Obtains Summary Judgment on Behalf of Real Estate Developer for Break-Up Fee
Stein Adler successfully prosecuted a multi-year litigation in the New York Commercial Division on behalf of a real estate developer seeking to recover a $2 million break-up fee under a letter of intent after the prospective tenant, a well-known healthcare provider, terminated its involvement and took space elsewhere. Despite the prospective tenant raising various counterclaims, the court found that Stein Adler’s client was entitled to summary judgment on all claims without the need for a trial.
Stein Adler Represents Real Estate Company in Hospital Lease Breakup
Successfully represented a real estate company in litigation against Mt. Sinai Hospital, which refused to pay a breakup fee tied to the negotiation of a lease of the property. We defeated the hospital’s motion to dismiss the case in the New York Supreme Court, Commercial Division. Mt. Sinai then appealed to the Appellate Division, again seeking dismissal of the case. Drawing on our extensive appellate experience, we again prevailed, convincing the appeals court that our client’s claim should proceed to trial.
Stein Adler Represents Client in SoHo Family Partnership Dispute
Successfully petitioned the New York County Commercial Division for judicial dissolution of a family-owned company, which owned a valuable mixed-use property in Manhattan’s SoHo neighborhood. The court granted our motion for summary judgment, which resulted in a sale of the building and a dissolution of the company.
Stein Adler Represents Real Estate Company in Florida Contract Dispute
Successfully represented a real estate company in a breach of contract arbitration involving a 200+ unit multifamily property in Jacksonville, Florida. We prevailed after a five-day arbitration before a panel of three arbitrators.
Stein Adler Represents Affordable Housing Company in Bronx Jail Challenge
Represented an affordable housing association in an action seeking to nullify New York City’s decision to move forward with building a new 26-story jail in the Mott Haven neighborhood of The Bronx.
Stein Adler Represents Developer in Federal Fair Housing Act Claim
Successfully represented a major New York City developer in a fair housing act lawsuit brought in the United States District Court for the Eastern District of New York, involving the design of two properties in Queens.
Stein Adler Defends New Jersey Developer Against Easement Claim
Successfully defended an industrial property purchaser in New Jersey, after the owner of an adjacent property derailed the closing by asserting their right to an easement. Our litigators swiftly defeated the adjacent property owner’s attempt to declare an easement, as well as their motion for a temporary restraining order that would have prevented our client from closing in a timely manner.
