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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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