We have extensive experience with the issues facing real estate developers today, including construction, zoning and financing.  Currently, we represent a large commercial developer in the greater New York Metropolitan area.  We deal with a range of cases involving real estate including foreclosures, coping with regulatory restrictions, other potential lease or development limitations and restructurings.  We also deal with the more traditional aspects of commercial real estate such as lease negotiations and establishing the ownership structure of a development.

Representative Cases/Reported Decisions

Shmeuli v. NRT N.Y., Inc., New York Supreme Court, New York County.  Obtained reversal of punitive damages award.  Reported at 107 A.D.3d 465.

100 Norwalk v. Trilegiant Corp., United States District Court for the District of Connecticut. We represent the owner of a large Connecticut office building in a dispute with its tenant arising out of water damage.

325 Schermerhorn LLC, et. al. v. Nevins Realty Corp. et. al., New York Supreme Court, Kings County.  We prevailed on summary judgment to compel defendants to pay $3.6 million plus interest representing a returned down payment on four properties. Reported decision at 23 Misc. 3d 1109(A), 886 N.Y.S.2d 69 (Sup. Ct.); Affirmed 76 A.D.3d 625, 906 N.Y.S.2d 339.

LeNoble Lumber Company v. 525 West 52nd St. LLC., New York Supreme Court, New York County.  Represented minority owner asserting right of first refusal to purchase the balance of the building.  Obtained a seven figure settlement.

Jasinski v. City of New York, New York Supreme Court, New York County.  Reversed a trial court decision by prevailing on construction of indemnification clause in condominium documents to show that sponsor/owner of a condominium unit had been indemnified by condominium for personal injury sustained on a treewell in an adjacent sidewalk. Reported at 290 A.D. 2d 237, 735 N.Y.S.2d 126 (1st Dept. 2002).

Menorah Nursing Home v. Zukov, New York Supreme Court, Brooklyn County.  Obtained a $2,000,000 settlement for a nursing home after six weeks of trial for defective masonry construction arising from $180,000 contract.

West Broadway Glass Co. v. I.T.M. Bar, Inc., New York Supreme Court.  Obtained reversal of an Appellate Term decision that upheld a trial court’s determination to abate rent entirely as a result of floods on commercial premises and remanded for calculation of actual damages.   Reported at 245 A.D.2d 232, 666 N.Y.S.2d 629 (1st Dept. 1997)

Sullivan Realty Company v. Rowan, New York Supreme Court, Sullivan County.  In a zoning case, won a trial and appeal to recover security deposit on land purchased for a 425 unit development by proving that the purchaser diligently attempted to obtain local government approvals, even though it failed to do so.  Reported at 234 A.D.2d 701, 650 N.Y.S.2d 858 (3rd Dept. 1996) and 189 A.D.2d 1084, 593 N.Y.S.2d 102 (3rd Dept. 1993)

Berman & Brickell v. The Penn Central Corp., United States District Court for the Southern District of New York.  Won a non-jury trial dismissing a multimillion dollar claim by broker against Penn Central, the owner of a Park Ave. building, proving that the broker was not the procuring cause of a lease of the space in the Federal District Court, Southern District of New York, and sustained the dismissal on appeal.  Reported at 1986 U.S. Dist. LEXIS 21217

Hillman v. Penn Central Corp., New York Supreme Court, Chemung County.  Prevailed on interpretation of General Obligations Law recreational immunity to dismiss severe personal injury brought against a railroad. Successfully reversed trial court’s denial of summary judgment.  Reported at 204 A.D. 902, 612 N.Y.S.2d 489 (3rd Dept. 1994).

Marks v. Zucker, New York Supreme Court, New York County.  Obtained dismissal of core claims in partnership dispute involving numerous Manhattan buildings.  Reported at 118 A.D.2d 452, 499 N.Y.S. 2d 740 (1st Dept. 1986).

Bragar Eagel & Squire, P.C.

212.308.5858

info@bespc.com

885 3rd Avenue, Suite 3040
New York, NY 10022