Real Estate Investment Company – Appellate Counsel in Litigation over Failed $600 Million Acquisition

Herrick scored an important appellate victory for one of New York City's biggest property owners, re-opening the door for our client to seek substantial damages from its former partner in a high profile, but ultimately failed deal to purchase a nearly 50 percent interest in a two million square foot office and retail building in Midtown Manhattan. Replacing prior counsel, Herrick argued the client's appeal of the trial court's dismissal of its claims against parties alleged to have illegally deprived it of the benefits of the deal it had forged. In its ruling, the Appellate Division, First Department threw out the trial court's limit on damages our client can claim on its breach of the confidentiality agreement cause of action against the former partner, noting in the opinion that our client "plausibly alleges" the defendant's breach of the agreement caused our client to lose the deal.