Practice Area
Transactions and litigation involving commercial buildings, commercial condominiums, leases, construction access, and the rights of adjoining owners.
Overview
The firm's commercial real estate practice spans the purchase and sale of commercial buildings, including a $23 million building sale, commercial condominium units, and the leases that determine whether a property performs.
Development in New York means dealing with the building next door. We handle that conversation.
Development in New York means dealing with the building next door. Brian M. Levine negotiates license agreements under RPAPL § 881 and litigates § 881 proceedings on both sides: for developers who need access to a neighbor's property to build safely, and for owners whose property is about to be wrapped in scaffolding. The firm also represents owners in trespass, nuisance, encroachment, and property damage claims arising from neighboring construction, including an action to compel a neighbor to remove a fence built on the client's land.
When a commercial tenant stops paying or a lender overreaches, the firm responds. We represent commercial property owners in eviction proceedings and lease enforcement, we have represented a condominium against its parking garage tenant, and we have defended a foreclosure through to the cancellation of a $169,000 mortgage and a judgment against the lender for the client's attorney's fees.
What we handle
Representative matters
Prior results do not guarantee a similar outcome.
All representative matters$400K+ claim
For: Laundromat and its principal
Defended a laundromat and its principal, who had personally guaranteed the lease, in an action for breach of a commercial lease and the guaranty seeking more than $400,000. Negotiated a settlement that reduced the clients' exposure to less than half of the amount claimed.
Action dismissed
For: Developer and seller
Represented a residential developer and seller in an action for breach of the contract of sale, in which the purchaser of a home alleged post-closing construction defects and fraud, and obtained dismissal of the action.
Representation
For: General contractor
Represented a general contractor against claims filed by the City of New York for property damage allegedly sustained as a result of the client's construction project.
Representation
For: Developer and general contractor
Represented a developer and general contractor in Jamaica, Queens in an action by the adjacent property owner asserting trespass, private nuisance, and property damage claims arising out of activities on the construction project.
Defense successful
For: Property owners
Successfully defended property owners against a slip-and-fall premises liability claim and the plaintiff's attempt to pierce the corporate veil and reach the owners personally.
$8.5M claim
For: LLC and its managers
Represented an LLC in connection with the development of a multi-unit residential building in Queens, and in the defense of a derivative action filed by minority members alleging $8.5 million in damages and asserting claims for managerial misconduct, minority oppression, and breach of the operating agreement.
$169K
For: Homeowners
Defended Long Island homeowners against a bank's action to foreclose on their home, wiped out the $169,000 mortgage, and recovered the clients' attorney's fees from the bank.
$1.6M
For: Seller of a Brooklyn building
Took over as counsel for the seller of a Brooklyn building after a preliminary injunction had restricted the client's use of $1,600,000 in sale proceeds. Obtained the cancellation of the injunction, and then the dismissal of the action.
Representation
For: Developers and adjoining owners
Filed and defended special proceedings under RPAPL § 881 in connection with license agreements for access to neighboring property during construction.
Representation
For: La Quinta hotel
Represented a La Quinta hotel in an RPAPL § 881 proceeding brought by an adjacent property owner seeking access to the hotel's property, and opposed the neighbor's plan to erect unnecessary overhead protections that would have interfered with the quality of its guests' stay.
Representation
For: Property owner
Represented a property owner in Queens in an action to compel a neighbor to remove a fence built on the client's property.
Representation
For: Condominium building
Represented a condominium building in an action brought by its parking garage tenant for breach of a commercial lease.
Representation
For: Commercial property owners
Represent commercial property owners in eviction proceedings against non-paying and holdover tenants.
The matters described on this site are illustrative and do not describe every matter the firm has handled. Each matter turns on its own facts, and the absence of a stated outcome should not be read as a comment on the result. Prior results do not guarantee a similar outcome.
Related practices
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