Represented a children’s retailer in a suit brought by the Metropolitan Transit Authority (MTA) for back rent and future rent (with personal liability) of almost half a million dollars on its lease at Grand Central Terminal. The Herrick team negotiated a favorable settlement on behalf of the client.
Herrick delivered a major victory to a commercial landlord against a billion-dollar international retailer with more than 500 stores worldwide. The retailer sought rescission of its lease based on claims of mutual mistake, breach of contract, breach of duty to cooperate and breach of implied covenant of good faith. The court denied the tenant's motion to amend its complaint to allege impossibility, frustration of performance, constructive eviction, as untimely. Herrick successfully showed that the landlord was not required to do the work for the tenant or to obtain all necessary permits. Herrick believed that the retailer's real motivation for abandoning the space was a corporate decision to open a larger store at a different location. The court found that the retailer failed to conduct proper due diligence as to the necessary certificate of occupancy, the tenant took the premises "as is" and the landlord made no representation to permitted uses. The court dismissed every one of the claims against the landlord. Furthermore, the court granted the landlord a judgment of over $13 million dollars for unpaid rent, plus interest and attorneys fees, bringing the total expected judgement to over $20 million dollars.
Herrick achieved a significant victory for JMH Development, the managing member in a joint venture created to develop a luxury residential development in Miami, Florida, in a dispute against PSB, the joint venture’s partner, who asserted false claims including breach of contract and fiduciary duty, among others. After a lengthy and contentious litigation culminating in a 3-day bench trial, the court ruled in favor of JMH Development on every single claim and issue and dismissed the case.
Achieved significant award for Herrick client, the highly-respected plaintiff's class action law firm Wolf Haldenstein Adler Freeman & Herz LLP, in a dispute with their Manhattan landlord. The landlord failed to properly renovate Wolf Haldenstein's office space as outlined in their lease agreement, thus leaving the office in an unsuitable condition for people to work in. The court affirmed that the landlord and its affiliates failed to properly renovate office space leased by Wolf Haldenstein and dismissed the landlord's counterclaim for allegedly owed back rent. The court also awarded Wolf Haldenstein attorney fees.
Represented a high net worth client in a very contentious dispute over a property they owned as tenants in common. We were able to settle the dispute with a buyout that was beneficial for both parties and allowed each party to go its separate way.
Herrick represented PEY Realty LLC, which is an entity formed for the benefit of the Chabad Lubavitch of the West Side, in an arbitration against an affiliate of Sackman Enterprises. In 2017, PEY entered into a contract to purchase a $30m community facility condominium unit in a new building being developed on W 96th St. The condominium unit, 6 floors and a cellar, was intended to house the Chabad’s permanent operations, including all religious, educational, and community services. In connection with the contract, PEY tendered a multi-million dollar down payment. The project experienced years of construction delays. Once it became clear that litigation was imminent, each party called defaults under the contract. After a three-day hearing, The Herrick team was able to secure an award directing that the down payment be returned to PEY, together with a significant award in additional money damages, including the lion’s share of attorneys’ fees. The Chabad can finally put the down payment to a productive use and resume its efforts to find a permanent home.
Represented NY-based nursing home owner in section 363 acquisition of 699 92nd Street in Brooklyn, NY, from a purchaser who had filed for bankruptcy. The site is triple net leased to a non-profit integrated healthcare network that is New York State's largest healthcare provider and private employer. (E.D.N.Y. 2021).
Successfully defended a major telephone company against claims brought by a New York City contractor seeking several million dollars in fees for “interference work” under a municipal contract. Our client challenged the interpretation of a common law rule related to interference work, although many contractors had been utilizing this interpretation for years in order to obtain payments for this work from the utilities. This Appellate Division decision affirmed the correct interpretation of the common law which only allows the City (and not a private contractor), when utilizing its police powers, to require payment from utilities for protection or relocation of its facilities. Going forward, utilities may have substantial sums that they were previously led to believe that they were responsible.
Awarded partial summary judgement on behalf of commercial real estate client in a dispute with a former officer and member of the parties’ investment vehicle. The New York Federal Court held that that the plaintiff former officer breached contractual obligations and fiduciary duties by misappropriating resources and soliciting investors during his employment. The Court granted Herrick’s clients’ requested declaratory relief by holding that they properly ascribed “Cause” to the officer’s termination upon discovering the misconduct and validly effectuated the termination and redemption of his profits interest in the parties’ investment vehicle for a penny. The Court also ordered the disgorgement of the former officer’s salary and value of company paid benefits during his period of disloyalty together with injunctive relief requiring him to return all confidential and proprietary information. Notably, the Court also held that the officer’s new business and business partner were jointly and severally liable for aiding and abetting the breaches of fiduciary duty. The remaining claims asserted between the parties were resolved shortly thereafter on confidential terms.
Represented real estate debtor as special litigation counsel. Won motion to dismiss adversary proceeding, which was affirmed on appeal. 684 B.R. 734 (S.D.N.Y 2022)
Represented debtor in Chapter 11 proceeding involving the William Vale Hotel, a luxury hotel in Brooklyn. This matter began as a commercial lease dispute and evolved into a multifaceted adversarial proceeding that came to a close with the $177 million sale of the hotel pursuant to plan of reorganization. This resulted in a rare Chapter 11 case where all creditors were paid in full. 654 B.R. 524 (Bankr. S.D.N.Y. 2024) and 660 B.R. 534 (Bankr. S.D.N.Y. 2024).
Representing a condominium board with respect to construction defect claims against sponsor and principals, and their construction and design professionals. Secured numerous favorable motion and discovery rulings, including denials of motions to dismiss contract and fraud claims and motions to compel discovery. The case is Board of Managers of 252 Condominium v. World-Wide Holdings Corp., Rose Associates, et al. (N.Y. Sup. Ct.).
Represented a real estate investment firm in a dispute arising from a $32 million promissory note following the borrower's failure to repay the debt at maturity. After the borrower paid a contractual multi-million-dollar late fee under protest, it commenced litigation seeking to recover the payment through breach of contract and related claims. Herrick successfully secured dismissal of the action in its entirety, with the court holding that the note's late fee provision was enforceable under New York law and applicable to the maturity payment.
Represent a global real estate brokerage firm in a breach of contract dispute. In this matter, the brokerage firm contracted to the be the exclusive agent in the sale of multiple properties in New York City. Herrick’s client brought an action in the Supreme Court of the State of New York when the defendants failed to pay the requisite commissions due under the agreement. As a result, the Court granted the client's motion for summary judgement and ordered a judgment in favor of the brokerage firm for the full amount owed. This litigation remains ongoing.
Herrick successfully represented the purchaser of a condominium unit in a dispute over a time of the essence closing date. In the order, the Judge granted our motion for summary judgment in its entirety by determining that the seller breached the contract by failing to timely close. Consequently, our client was entitled to a refund of its down payment, a lien was imposed on the property and attorneys’ fees were awarded to our client as the prevailing party.
Represented the condominium board of the Beekman East, a 141-unit condominium in midtown Manhattan, in a hoarding case against a shareholder for breach of contract and various equitable relief. The board was granted a preliminary injunction directing the shareholder to allow the condo and its contractors access to the unit in order to cure the hoarding conditions, exterminate and make all necessary repairs.
Herrick successfully represented the partial owner of a brokerage firm in dispute over the value of membership interest in the company. As a result, Herrick’s client was awarded substantially more than the purchaser’s initial offer.
Herrick represented a property owner against the Town of West New York, NJ (the "Town") in condemnation proceedings; and we successfully stopped the Town from seizing our client’s property by eminent domain. In addition, the Court granted our client’s application for attorneys’ fees and costs, due to the Town’s failure to engage in bona fide good faith negotiations since the inception of this matter.
Herrick successfully represented a nationally prominent commercial real estate firm in a motion to dismiss an amended complaint filed by a potential purchaser of a significant commercial condominium unit in Manhattan. After signing the purchase contract, the purchaser challenged certain aspects of the transaction. The New York County Commercial Division granted the seller’s motion to dismiss the purchaser’s amended complaint in its entirety and canceled the notice of pendency which was preventing our client from refinancing or selling the property.
Herrick successfully represented a commercial business in a dispute with their landlord where their landlord sought to evict them by issuing a notice to terminate their “tenancy” by issuing a 90-day termination notice. After the parties were unable to reach a settlement, Herrick filed a motion for summary judgment seeking dismissal of the proceeding. The Court ultimately granted our client's motion in its entirety and dismissed the proceeding due to the landlord’s failure to accurately describe their legal relationship.
Represented a property owner as the plaintiff in a complex construction suit filed against the construction manager and licensed special inspector for a high-profile, luxury residential property in Manhattan. After multiple days of mediation, Herrick obtained a favorable settlement for the client.
Prevailed on a matter of first impression before the Appellate Division, First Department. At issue was the statute of limitations under Real Property Law (“RPL”) section 339-l, which provides that condominium common charges are to be held in trust for the benefit of materials suppliers, laborers, contractors, and other construction professionals, provided that (i) those individuals provided services benefitting condominium common elements and (ii) the services were provided at the request or consent of the board of managers. RPL § 339-l does not specify a statute of limitations, and a contractor sued Herrick’s client for a violation of the statute based on a five-year-old claim. At the trial court level, Herrick prevailed on a motion to dismiss, successfully arguing that, under prevailing law, a three-year statute of limitations applies to claims under RPL § 339-l, thus rendering the contractor's claims untimely. The motion to dismiss was unanimously affirmed on appeal, thus representing a complete victory for Herrick’s client. The case is ELM Suspension Sys., Inc. v. 45 E. 33rd St. Condo., 201 A.D.3d 498 (1st Dep’t 2022).
Successfully represented a synagogue in extinguishing restrictive covenants placed on its deed from the synagogue’s predecessor interest that were prohibiting a redevelopment project from moving forward.
Successfully represented a church in extinguishing an unsatisfied mortgage recorded against the church’s property, thus giving the church clean title.
Successfully obtained a Yellowstone injunction on behalf of a restaurant/nightlife establishment in Manhattan’s Meatpacking District.
Successfully represented a developer in an action to specifically perform a 15+ year option to purchase a plot a land in Poughkeepsie, New York and obtained an order permitting an assigned money judgment to offset the purchase price.
Represented the Board of a high-profile luxury condominium building in New York City in a complex dispute with the condominium sponsor relating to construction defects.
Herrick successfully represented a member of a prominent real estate family in the arbitration of a decades-long dispute over a family trust and estate, involving multiple family members and approximately $100 million in various assets. The core arguments in the case centered on whether or not the original arbitration award purporting to govern the rights to the estate was valid. The Court ultimately ruled in favor of Herrick's client, finding that the distribution of the estate was not an arbitrable matter, denied the petition to confirm and granted our motion to vacate the award.
Represented a private lender in connection with multiple state and federal litigations related to a significant commercial property in Upper Saddle River, New Jersey.
Obtained summary judgment in New Jersey Chancery Court on behalf of a commercial real estate lender installing our client as the “Springing Member” of an LLC in default of its obligations to its lenders.
Herrick represented the owner of commercial property in New York City in a breach of contract dispute. Our clients were sued by the former property manager who alleged the breach of an agreement to pay the former property manager a commercial brokerage leasing commission. The Herrick team obtained a total victory for our clients when, after several years of litigation, the New York State Supreme Court granted our client’s motion for summary judgment dismissing the former property manager’s complaint in its entirety.
Represented real estate investment firm in breach of contract dispute regarding a books and records clause in a loan participation agreement. The New York State Supreme Court, Commercial Division granted summary judgment in favor of Herrick’s client and endorsed the interpretation of the books and records clause propounded by Herrick without exception. Under the order, the defendant was required to turn over a comprehensive set of its records to Herrick’s client. In addition to specific performance of the books and records clause, Herrick obtained an award of prevailing party legal fees.
Asserted and negotiated claims against mortgage servicer and credit rating agencies in respect of improper reporting of payment delinquencies during loan modification process, resulting in suppression of negative reporting and satisfactory improvement of credit rating.
Represented a real estate owner in a bet-the-company dispute regarding the valuation of its capital contribution in a real estate venture. Herrick’s client owns property in North Carolina and contracted with a national developer to convey the site to joint venture entities for its phased development for residential, retail, hotel, and office use. A dispute arose concerning the proposed appraisal instructions governing the valuation designed to establish our client’s capital contribution. Namely, if the intended use of the property for affordable housing should be considered in ascertaining its fair market value. Following substantially varied party appraisals, the development agreement required baseball arbitration, including the appointment of an arbitrator to decide a dispute concerning the qualifications of a neutral appraiser and the selection of a neutral appraiser to determine the valuation of our client’s capital contribution. After submissions, discussions with party appraisers, and rounds of argument from counsel, the arbitrator sided with our client’s position on the qualifications of a neutral appraiser and the neutral appraiser selected our client’s appraisal—a valuation of more than fourteen million dollars more than the developer’s appraisal.
On behalf of a Manhattan residential real estate developer, obtained a ruling of no liability on a breach of fiduciary duty claim brought by a partner in a major AAA arbitration.
Herrick successfully obtained a court order requiring a commercial tenant to make use and occupancy payments during the pendency of an eviction and nonpayment action. The matter involved Gramercy Park Partners, LLC, owner of 2 Lexington Avenue—the site of the iconic Gramercy Park Hotel—seeking relief against its tenant for failure to pay rent and real estate taxes. The Supreme Court of New York directed the defendants to pay ongoing use and occupancy at the lease rate, as well as all outstanding and future real estate taxes.
Herrick represents a New York-based real estate investment and development company, in a high-profile dispute relating to the unfinished luxury high-rise in downtown Manhattan. Herrick brought litigation against the contractor and the surety bond company seeking nearly $80 million in claims related to geotechnical, engineering, architectural and construction management issues on the project
Herrick achieved a victory on behalf of our clients, an insurance company and related entities, their principals and high-profile real estate investors, in a matter involving insurance coverage issues for a company that manages hundreds of apartment buildings in New York City. The court dismissed every counterclaim against our clients, the individual and corporate counterclaim defendants, based on the defendant’s failure to state legally sufficient causes of action for breach of contract, unjust enrichment, conversion, tortious interference with business relations, civil conspiracy and accounting.
Herrick obtained a motion to dismiss nearly in its entirety, with prejudice, in the Southern District of New York on behalf of our client, a real estate management company and its CEO. A former employee, who was operating his own competitive property management business, accused our client of breach of contract; employment discrimination; wage theft; and retaliation, under federal, New York and Maryland law.
Represented a hotel owner in connection with the eviction and bankruptcy proceedings of a tenant and subtenant respectively.
Successfully represented a residential cooperative corporation in litigation against the developer of an adjacent property arising from damage caused during construction activities and the developer’s refusal to compensate the cooperative in breach of a construction license and access agreement. Following discovery, Herrick secured summary judgment on liability and the client’s entitlement to attorneys’ fees.
Won an arbitration on behalf of our client, the owner of a hotel and 50 percent member of the hotel’s restaurant tenant. Post‑pandemic disputes between the members led to our client terminating the restaurant’s lease, after which the other member-initiated arbitration alleging operational interference and damages. One of the main issues in dispute was the right to cash in a joint bank account. The arbitrator ultimately ruled in favor of our client, finding that our client held 100 percent of the capital account and, after accounting for unpaid shared costs and the use of joint funds for the restaurant’s legal fees, ruled that our client is entitled to all cash in the shared accounts.
Represented a plumbing company, who served as a subcontractor in a major New York City construction project, in litigation arising from more than $1 million in unpaid invoices related to the project. After securing summary judgment on breach of contract and trust fund diversion claims, Herrick successfully obtained a default judgment against an individual defendant whose failure to preserve and produce key records resulted in significant discovery violations. The court granted Herrick’s motion for sanctions, striking the defendant’s answer and entering judgment in favor of the client, substantially enhancing the client’s ability to recover the amounts owed.
Represented the estate of a deceased investor in a complex dispute involving ownership interests in multiple real estate holding companies and Brooklyn properties. Following years of contentious litigation, including challenges to ownership rights, accounting claims and efforts to protect and preserve the underlying assets, Herrick achieved a comprehensive settlement that provided for the buyout and sale of the properties, recovery of misappropriated funds and an equitable division of remaining company assets. The resolution allowed the client to avoid further litigation and realize the full value of its ownership interests.
Represented a debt broker in a lawsuit arising from a guaranty executed in connection with a real estate development project. A third-party plaintiff asserted claims including fraudulent inducement, negligent misrepresentation, breach of fiduciary duty, indemnification and unjust enrichment, alleging he was misled into signing the guaranty. Herrick secured dismissal of all claims, with the court finding that the plaintiff failed to establish justifiable reliance, did not satisfy New York’s heightened pleading standards for fraud-based claims and could not establish personal jurisdiction over the defendant. The court further held that the defendant, as a non-party to the guaranty, was not bound by the agreement’s forum-selection clause.
Herrick obtained summary judgment on a pre‑discovery motion, securing complete dismissal of a breach‑of‑contract action arising out of a multi‑forum, high‑net‑worth trust dispute. The plaintiff sued his mother claiming an alleged contract with his late father gave him ownership of a valuable residential property. In dismissing the action in its entirety, the Nassau County Supreme Court adopted Herrick’s arguments that the purported agreement failed under the Statute of Frauds and lacked consideration. There is a larger related litigation that remains ongoing.
Represented a real estate developer in a New York Commercial Division dispute arising from a proposed 99-year ground lease of a New York City-based church property. The matter involved the application of New York Religious Corporations Law § 12 and whether a proposed deed-in-lieu transaction could be used to avoid required court approval of the lease. The court granted our client's motion for summary judgment, holding that the alternative transaction structure was unlawful and resolving the dispute in our client's favor.
Defended affiliate entities of a prominent real estate developer and minority members of the owner of a 20-acre redevelopment project in an $18 million dispute alleging breach of contract, breach of fiduciary duty and related business torts. Herrick secured dismissal of all claims by establishing that the operating agreement granted our clients sole and exclusive discretion over development decisions and that the documentary evidence conclusively refuted plaintiffs' allegations. The court subsequently denied plaintiffs' motion to reargue and awarded attorneys' fees to our clients.
Represented a prominent accounting firm and its principal in their capacity as the independent monitor overseeing a public industrial development agency ("IDA") in litigation arising from a proposed $607 million distribution center project and related tax benefits valued at over $100 million. The monitor vetoed the IDA's proposed tax benefit award based on the applicant's failure to provide sufficient evidence that the tax benefits were needed. Herrick secured dismissal of all claims against our clients, with the court finding that the monitor's veto of the project was timely and that the IDA failed to exhaust its administrative remedies, resulting in the dismissal of the action in its entirety.
