Providing Versatile Commercial Real Estate Services

Attorneys at Cox Padmore Skolnik & Shakarchy LLP have the versatility to deal with transactions that go from the very simple to the very sophisticated. Based in New York City, we serve clients throughout New York, in Colorado and beyond.

We represent commercial clients in all proceedings and transactions that deal with real property – land and the structures attached to it – including purchase and sale, construction and development, mortgages and foreclosures, mortgage refinancing, exchanges, leases, zoning, title examinations, quiet title actions and management. We also represent individuals dealing with complex issues and disputes.

Extensive Knowledge Of Commercial Real Estate Law

Commercial real estate matters often call for knowledge in related areas of law. As a multidisciplinary firm, we have the resources to address far-reaching legal concerns involving real estate transactions and disputes. Our firm’s corporate, banking and litigation attorneys provide our clients with a complete range of legal services.

Real Estate Litigation In New York

Our firm provides a full range of real estate litigation services to commercial and individual clients. We handle disputes and legal challenges across numerous areas of property law, including:

• Acquisitions: We represent buyers and sellers in disputes arising during property purchases, including contract disagreements, disclosure issues and title problems.
• Adverse possession: Our attorneys handle cases where ownership rights are claimed through continuous occupation of property without the legal owner’s permission.
• Boundaries: We resolve property line disputes between neighboring landowners.
• Brokerage commissions: We assist in resolving conflicts over real estate agent compensation and representation agreements.
• Construction contracts: We address breaches of building agreements, construction defects and contractor performance issues.
• Easements: These include disputes over property access rights, including creation, modification and termination of easements.
• Foreclosures: We represent both lenders and borrowers in proceedings when mortgage obligations are not met and property ownership is at stake.
• Foreign national purchases and sales: We assist international clients with unique legal challenges in New York real estate transactions.
• Leases: Our attorneys resolve landlord-tenant disputes, lease violations and eviction proceedings for commercial properties.
• Partnership and shareholder disputes: We help address conflicts between co-owners of real estate, handling dissolution of business relationships and property division.
• Property management: These include litigation related to operation, maintenance and administration of real estate property.
• Rights of way: We resolve disputes over access paths crossing another’s property and public access rights.
• Complex commercial real estate transactions: We provide guidance through multilayered business property deals involving multiple parties and intricate financing.
• Investment real estate: Our attorneys address legal issues specific to income-producing properties, including operational disputes and regulatory compliance.
• Refinancing: We help resolve complications that arise during mortgage restructuring and property refinancing processes.

Our attorneys combine thorough understanding of New York property law with practical problem-solving approaches to protect your real estate interests both in and out of the courtroom.

Landlord-Tenant Disputes

We represent clients in disputes arising out of commercial leaseholds, as well as cooperative and condominium litigation, including trials and appeals. At the landlord-tenant dispute level, we have experience in cases involving nonpayment, holdover and breach of lease matters involving a wide variety of claims.

For example, we have handled claims such as the alleged failure of the landlord to make necessary repairs, constructive eviction claims, illegal subleases, the illusory tenant doctrine, so-called “Yellowstone injunctions” to prevent lease termination, luxury rent decontrol claims and other problems.

At the cooperative and condominium level, we have handled claims involving alleged misrepresentations in offering plans and faulty construction, as well as statutory claims for alleged abuse by a sponsor. As with our commercial litigation practice, we explore settlement options, counsel our clients in risk avoidance and attempt to assess for them the potential costs and benefits of proceeding with litigation.

What Can You Recover In A Real Estate Lawsuit In New York?

The financial compensation or legal remedies you receive in a New York real estate lawsuit depend heavily on the specific type of claim involved. While monetary compensation is the most common resolution awarded by courts, exact remedies vary based on the underlying dispute.

In transactional disputes involving property acquisitions or unpaid brokerage commissions, financial recovery typically centers on direct economic losses, unreturned contract deposits or earned fees. Meanwhile, disputes regarding land rights – such as boundary line conflicts, adverse possession claims or easement rights – involve distinct forms of relief. For these matters, courts may award monetary compensation for property damage or loss of value, alongside equitable court orders establishing property ownership or enforcing land use rights.

Similarly, compensation for construction contract disputes may cover repair costs, expenses tied to project delays or contract performance remedies. Ultimately, because each category of real estate litigation carries distinct remedies under New York law, consulting an experienced attorney is essential to evaluating your potential recovery.

Who We Represent In Real Estate Matters

Our attorneys work with a diverse range of clients throughout the real estate industry in New York and beyond. Our practice serves:

• Developers: We guide building and land developers through legal hurdles in new construction projects, renovations and property transformations.
• Owners: We protect the rights and interests of property owners in disputes, transactions and regulatory matters affecting their real estate assets.
• Property managers: We assist professionals who oversee properties with legal compliance, tenant issues and operational challenges.
• Condominium and housing associations: We represent boards and communities in governance matters and by law enforcement.
• Tenants: We advocate for the rights of commercial renters in lease negotiations, disputes with landlords and property condition issues.
• Financial institutions: We work with banks and lenders on matters involving real estate loans, securities and foreclosure proceedings.
• Investors: We help individuals and groups navigate the legal aspects of purchasing, managing and selling income-producing properties.

No matter your role in the real estate landscape, our firm brings the right legal tools and knowledge to address your concerns. We take pride in our ability to tackle both routine matters and complex challenges with the same level of dedication and attention to detail.

Questions Clients Are Asking About Real Estate

Navigating New York’s competitive property market can present complex legal hurdles. Below are answers to common questions clients ask when managing real estate challenges.

How long does real estate litigation take?

Real estate litigation in New York generally takes anywhere from six months to over two years. While emergency injunctions or straightforward settlements may resolve relatively quickly, commercial litigation and title disputes involve extensive discovery and court scheduling.

Do I need a real estate attorney in New York City?

While not strictly mandated by state law, retaining an attorney in New York City is standard practice. Legal representation is crucial to avoiding costly pitfalls.

When should I hire a real estate attorney?

You should engage an attorney before signing any binding contract, offer or term sheet. Early counsel allows your legal team to conduct due diligence, draft protective terms and eliminate liabilities before a dispute arises.

Whether entering a complex transaction or preparing for a legal dispute, proactive legal counsel is crucial to protect your equity and keep your transaction on track.

Schedule An Exploratory Meeting

Schedule your consultation with an experienced lawyer at Cox Padmore Skolnik & Shakarchy LLP today. You can call us toll-free at 800-209-7206 or contact us online.

View a sampling of the successful cases and results we have achieved for past clients.