Community Service







 

 

 

COMMERCIAL REAL ESTATE PRACTICE

We provide full-service representation in connection with real estate and related transactions and, when necessary, litigation. Our attorneys have a breadth of experience that allows us to handle even the most complicated projects competently and efficiently. Our commercial real estate clients have included real estate investment trusts, shopping center landlords, grocery store and retail chains, banks, health care providers, as well as small business owners.

Commercial Real Estate Transactions

Our specific experience in commercial real estate transactions includes the following:

Ownership structuring, including the selection and organization of the appropriate ownership vehicle, whether partnership, limited partnership, business corporation or not-for-profit corporation.

Property acquisition, including the negotiation and drafting of purchase contracts and leases. We have represented both sellers and purchasers, landlords and tenants. We have extensive experience in outright land sales and indirect sales accomplished through the transfer of stock and other ownership interests. Our experience in commercial leasing includes shopping centers, office buildings, apartment buildings and long-term ground leases.

Site development, including assistance in obtaining necessary land use approvals, such as special use permits, zoning variances and site plan and subdivision approvals, and compliance with the New York State Environmental Quality Review Act (SEQRA) process.

Financing, including representation in connection with all forms of financing, such as seller-financing, conventional bank financing and bond financing.

Construction, including the negotiation, drafting and review of architectural and construction contracts.

Commercial Real Estate Litigation

We are experienced in handling virtually all litigated claims arising in the context of commercial real estate transactions. We have often represented business clients who are vying with their competition for the same location or to be the first to enter a particular geographic market. Some of the areas in which we have successfully represented clients include:

• Commercial landlord-tenant relationships
• Contract interpretation
• Mortgage foreclosure
• Mechanics liens
• Priority of liens
• State, federal and private environmental enforcement issues
• Securities issues relating to real estate transactions
• Real property tax assessments
• Lender liability
• Construction delays
• Subordination clauses
• Easements and licenses
• Nuisance claims
• Options and first-refusal rights
• Prescriptive rights
• Ground leases
• Construction failure analysis

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