The Commercial Litigation practice group represents real estate developers, business owners, executives, contractors, subcontractors, property owners, title companies, municipalities, banks, individuals and families in a wide variety of matters, and the attorneys in the Litigation practice group have a broad base of experience involving multiple disciplines and complex legal issues.
The Litigation practice group provides legal expertise on a full range of business related disciplines as well as other traditional areas of civil litigation in both the federal and state judicial systems, including:
- Breach of contract
- Corporate, shareholder and partnership disputes
- Construction litigation
- Real property and title litigation
- Estate litigation
- Bankruptcy and Creditor’s Rights
- Tax litigation
- Insurance coverage
- Securities litigation
- Class actions
The firm is also frequently asked to provide counseling to its clients to avoid litigation from the onset. In this regard, the Litigation Practice group’s attorneys are also experienced in arbitration, mediation and other forms of alternative dispute resolution.
Options for Commercial Landlords to Manage Distressed Tenants in New York
August 6, 2020 The full economic impact caused by the pandemic is not yet known, particularly in the area of commercial tenancies. As businesses assess their long-term viability, landlords may face an increase in rent payment defaults, fewer prospective tenants, or a drop in rental rates. There are a number of options that commercial landlords may consider to mitigate the effects from the COVID-19 business interruption including: lease workout, lease buyout, eviction and insurance claims. With each option, landlords must navigate several key issues to determine the best solution for their particular needs.
Eric J. Mandell receives 40 Under 40 Rising Star Award
Congratulations to Eric J. Mandell on being named one of the 40 Under 40 Rising Stars by the Business Council of Westchester. Eric will join Westchester County’s brightest young professionals on September 2, 2020 to receive this prestigious award from the Business Council of Westchester.
What COVID-19 Means for Your Contracts
As the world enters into uncharted territory with nation-wide lockdowns and most commercial activity delayed indefinitely, questions arise as to how existing contracts will be affected. Here is what to look for in your contracts and the potential avenues of relief in New York State .
New York State Appellate Division Affirms Order Vacating Judgment of Foreclosure in Tax Lien Foreclosure Action Thereby Preserving Lender’s $4,000,000.00 Mortgage
Our client is the holder of a $4,000,000.00 mortgage on a commercial building in Yonkers, New York, which mortgage was in default. Simultaneously with our client’s mortgage foreclosure action, a tax lien foreclosure action was pending, in which our client was allegedly served.
DDWWW Welcomes a New Partner
DDWWW is pleased to announce that STEVEN SCHOENFELD has joined the firm as a partner in the litigation practice group. Steven has more than 20 years’ experience in commercial, corporate, financial, real estate, bankruptcy, intellectual property litigation and related counseling. Previously a partner in the New York offices of Torys L.L.P., Dorsey & Whitney L.L.P. and Robinson & Cole L.L.P., Steven earned a Bachelor of Arts degree, summa cum laude, from Princeton University and a Juris Doctorate from New York University Law School. He is admitted to practice in New York, New Jersey and several federal courts, serves as a […]
New York State Appellate Division Vacates Mechanic Lien Foreclosure Judgment and Dismisses All Claims Against Surety, Property Owner, and General Contractor
A construction materials supplier to a sub-contractor filed mechanics liens and sued our clients the surety, the general contractor and the owner to foreclose the liens, and to recover on payment bond claims. The plaintiff sought recovery for $1,000,000. The Supreme Court dismissed all payment bond claims and granted partial judgment on one of the mechanic lien claims. The Appellate Division affirmed dismissal of all payment bond claims and reversed the grant of partial summary judgment on the mechanic lien claim, and remitted the claim to the Supreme Court for trial. Following trial, the Supreme Court granted judgment for $530,000 […]
New York State Court of Appeals Affirms Dismissal of A $45 Million Fraud Action Against Title Insurance Underwriter
A purchaser of mortgages sued our client, a title insurance underwriter, for alleged fraud relating to the sale of those mortgages on the secondary market. The Plaintiff sought recovery of $45 million in damages. Following the Supreme Court’s denial of a motion to dismiss, Lee S. Wiederkehr and Michael J. Schwarz obtained an order from the Appellate Division, First Department, reversing the trial court’s decision, and granting the motion to dismiss. Leave to appeal to the Court of Appeals was granted, and the New York State Court of Appeals unanimously affirmed the Appellate Division’s dismissal of the action against our […]