Real Estate Litigation

Axelrod, Fingerhut & Dennis handles all aspects of disputes relating to and arising from the ownership, acquisition, management, disposition, and leasing of real property.

We represent clients in Federal, State, and City courts at the trial and appellate levels, as well as before administrative agencies.

We are always mindful of the high cost of litigation for our clients. As appropriate we explore and offer alternative means of dispute resolution, including arbitration and mediation.

Article 78 Proceedings

Yellowstone Injunctions

Foreclosures

Ejectment Actions

Partition Disputes

Specific Performance Actions

Breach of Contract
Successfully defended our client, the nations’ largest owner of shopping centers, against a claim by ground lessee seeking reimbursement of construction costs due to lessee’s lease default

Estate Distribution
Obtained a favorable arbitration award before a religious court (Beth Din) regarding significant real property assets for distribution of an Estate – and obtained confirmation of the award in subsequent Supreme Court Action

Breach of Warranty
Obtained partial refund of purchase price of new home for purchasers, as well as correction of numerous construction defects, from builder of new luxury construction based on breach of contract and fraud

Yellowstone Injunction
Obtained Yellowstone Injunction on behalf of commercial tenant – negotiated settlement with landlord during trial to allow tenant to remain for full term of its lease – and negotiated for landlord to pay for all repairs needed to cure alleged tenant – caused lease defaults

Ownership Dispute
Successfully defended successive claims against real property by co-venturer for partition and return of capital

Brokerage Commission
Successfully defended client against claim for leasing commission

Down Payment
Recovered wrongly retained down payment from seller for purchaser who was rejected by cooperative board

Option agreement
Obtained judgment after trial on behalf of client who sought to exercise lease renewal option objected to by landlord

Damage to Property
Prosecuted a claim for damages and injunctive relief against a developer and a Homeowner’s Association for improper construction causing chronic flooding onto client’s property

Injunctive Relief
Defended restaurant against claim of breach of lease and By-Laws in multi-party litigation allowing client to remain and operate under pre-litigation status quo

Specific Performance
Defended property owner against specific performance action relating to term sheet alleged to be a contract to lease an outdoor signage location