Real Estate & Construction Litigation
In New York real estate, timing and leverage frequently determine the outcome. We litigate disputes involving transactions, development, construction, ownership, and operation of real property, for owners, institutional developers, sponsors, condominium and cooperative boards, lenders, management companies, hoteliers, and contractors.
What we handle
- Contract-of-sale disputes, down-payment claims, specific performance, and vendee’s liens
- Co-op and condominium disputes for boards, sponsors, and unit owners, including common charges
- Construction-defect and offering-plan claims between condominium boards and sponsors, including Martin Act disclosure
- Construction and development disputes
- Owner, developer, contractor, lender, and management-company disputes
- Landlord-tenant litigation and commercial occupancy disputes
- Foreclosure-related litigation
- RPAPL 881 access-license proceedings
- Advice on governing documents, loan agreements, and asset repositioning before a dispute arises
Common questions
What is a vendee’s lien?
An equitable lien that a purchaser under a contract of sale may hold on the property for the down payment and related sums when the seller fails to perform. Depending on the contract and the claim, it can support a notice of pendency, which is a powerful lever in a dispute over a sale.
What is an RPAPL 881 access license?
When work on one property requires access to a neighbor’s, and the neighbor will not agree, RPAPL 881 allows a court to grant a license to enter on terms it sets: scope, duration, protections, insurance, and fees. We act for owners who need access and for neighbors asked to grant it, in negotiation and, where necessary, in court.
How long do I have to file a mechanic’s lien in New York?
Under the New York Lien Law, generally eight months from the last work or materials furnished on a private project, and four months for a single-family dwelling. Filing, service, and extension rules are strict, and errors can void the lien.
Can a condominium board recover from the sponsor for construction defects?
Often, yes. The offering plan and purchase agreements typically incorporate the sponsor’s representations about the building, and a board can sue for breach of those obligations and any express warranties. The Martin Act gives no private right of action, but it does not bar these common-law claims. Offering plans often impose notice requirements and shortened deadlines, so the claim should be evaluated early.
My commercial landlord served a notice to cure. What now?
Act before the cure period runs. A Yellowstone injunction, if obtained in time, tolls the cure period so the tenant can litigate the alleged default without risking the lease.
General information, not legal advice. Outcomes depend on the facts of each matter.
Discuss a property or construction dispute. We offer a courtesy initial consultation.