2009-2012
Criminal Investigation - Accounting Practices
Representation of a subject in an investigation conducted by the Manhattan District Attorney's office and the U.S. Attorney's office for the Eastern District of New York concerning accounting practices at a construction company. Resulted in no charges against our client.
Criminal Investigation - Accounting Practices
Representation of a subject in an investigation conducted by the Manhattan District Attorney's office and the U.S. Attorney's office for the Eastern District of New York concerning accounting practices at a construction company. Resulted in no charges against our client.
Ongoing
Red Rock Services Trustee - Bankruptcy Adversary Proceeding
Representation of Robert Holber, the Chapter 7 trustee of Red Rock Services, in a Bankruptcy Adversary Proceeding in the Eastern District of Pennsylvania. Red Rock was a demolition subcontractor that is being liquidated in bankruptcy. The trustee is suing a general contractor for breach of its obligations under subcontracts with Red Rock in a pair of multimillion dollar construction projects in Baltimore and Boston.
Red Rock Services Trustee - Bankruptcy Adversary Proceeding
Representation of Robert Holber, the Chapter 7 trustee of Red Rock Services, in a Bankruptcy Adversary Proceeding in the Eastern District of Pennsylvania. Red Rock was a demolition subcontractor that is being liquidated in bankruptcy. The trustee is suing a general contractor for breach of its obligations under subcontracts with Red Rock in a pair of multimillion dollar construction projects in Baltimore and Boston.
2011
Construction Management Company - Wrongful Termination
Representation of a construction management company in a dispute with NYU Hospitals Center regarding the termination of a multi-million dollar renovation contract. After a trial in Federal Bankruptcy Court, the court held in favor of our client on all counts, entitling them to payment of its outstanding requisitions and dismissal of all claims against them.
Construction Management Company - Wrongful Termination
Representation of a construction management company in a dispute with NYU Hospitals Center regarding the termination of a multi-million dollar renovation contract. After a trial in Federal Bankruptcy Court, the court held in favor of our client on all counts, entitling them to payment of its outstanding requisitions and dismissal of all claims against them.
2009
Real Estate Investment Management Companies - Construction Litigation
We defended a large industrial real estate investing entity and its investment management firm in a $90 million construction defect litigation with an industrial tenant in New Jersey. We succeeded in getting most of the plaintiff’s case dismissed on summary judgment, and then settled the rest of the dispute case before trial. The settlement included the plaintiff turning over escrowed back rent to our client and entering into a favorable lease extension.
Real Estate Investment Management Companies - Construction Litigation
We defended a large industrial real estate investing entity and its investment management firm in a $90 million construction defect litigation with an industrial tenant in New Jersey. We succeeded in getting most of the plaintiff’s case dismissed on summary judgment, and then settled the rest of the dispute case before trial. The settlement included the plaintiff turning over escrowed back rent to our client and entering into a favorable lease extension.
2009
Joint Venture Partner - $40 Million Construction Agreement Dispute
Represented a joint venture in connection with disputes arising out of DEP construction agreements worth in excess of $40 million.
Joint Venture Partner - $40 Million Construction Agreement Dispute
Represented a joint venture in connection with disputes arising out of DEP construction agreements worth in excess of $40 million.
2008
Community Preservation Corporation - Domino Sugar Refinery Refinancing
Representation of The Community Preservation Corporation in the third tranche closing of a $120.2 million loan issued by Domino Mezz Holdings LLC and secured by a third mortgage on the 11.5-acre Domino sugar refinery site in Williamsburg, Brooklyn.
Community Preservation Corporation - Domino Sugar Refinery Refinancing
Representation of The Community Preservation Corporation in the third tranche closing of a $120.2 million loan issued by Domino Mezz Holdings LLC and secured by a third mortgage on the 11.5-acre Domino sugar refinery site in Williamsburg, Brooklyn.
2008
European Insurer - Customized Political Risk Coverage
Representation of a major European insurer in designing and drafting an insurance policy covering political risks of an insured's non-European operations (for example, forced abandonment of a foreign country due to a governmental evacuation order). We drafted the policy to address the unique risks facing the insured, such as the potential loss of business income due to the cessation of the insured's operations of a railway in Africa. We also designed it to combine other risks such as pollution liability and coverage for the insured's construction projects.
European Insurer - Customized Political Risk Coverage
Representation of a major European insurer in designing and drafting an insurance policy covering political risks of an insured's non-European operations (for example, forced abandonment of a foreign country due to a governmental evacuation order). We drafted the policy to address the unique risks facing the insured, such as the potential loss of business income due to the cessation of the insured's operations of a railway in Africa. We also designed it to combine other risks such as pollution liability and coverage for the insured's construction projects.
2007
European Insurer - Chunnel Policy
Representation of a European insurer in structuring an aggregate declared risk capacity contract under which the insurer will provide insurance capacity to one of the world's leading engineering and construction companies for certain lines of insurance, including a cost overrun insurance program for the Channel Tunnel Rail Link.
European Insurer - Chunnel Policy
Representation of a European insurer in structuring an aggregate declared risk capacity contract under which the insurer will provide insurance capacity to one of the world's leading engineering and construction companies for certain lines of insurance, including a cost overrun insurance program for the Channel Tunnel Rail Link.
2007
Real Estate Joint Venture - Complex Construction Financing
Representation of a joint venture in obtaining complex construction and mezzanine loans for the development of several high-end residential luxury apartments in the Tribeca neighborhood in New York.
Real Estate Joint Venture - Complex Construction Financing
Representation of a joint venture in obtaining complex construction and mezzanine loans for the development of several high-end residential luxury apartments in the Tribeca neighborhood in New York.
2007
Artimus Construction - Acquisition/Sale
Representation of Artimus Construction in the acquisition of vacant land from a Harlem church for the development of 161 condominium units and a for-profit parking garage in exchange for building and selling back to the church a sanctuary and income producing apartments.
Artimus Construction - Acquisition/Sale
Representation of Artimus Construction in the acquisition of vacant land from a Harlem church for the development of 161 condominium units and a for-profit parking garage in exchange for building and selling back to the church a sanctuary and income producing apartments.
2006
Woolsulate - Lurgi Lentjes Arbitration
Representation of Woolsulate Corp., a New Jersey insulation contractor, in pursuing claims in mediation and arbitration against Lurgi Lentjes, a German energy company, to recover amounts due for services provided by Woolsulate at a PSE&G facility in Trenton, New Jersey.
Woolsulate - Lurgi Lentjes Arbitration
Representation of Woolsulate Corp., a New Jersey insulation contractor, in pursuing claims in mediation and arbitration against Lurgi Lentjes, a German energy company, to recover amounts due for services provided by Woolsulate at a PSE&G facility in Trenton, New Jersey.
2006
Developer - Discrimination Claim
Representation of a real estate developer and general contractor in an action by a minority subcontractor pursuing multi-million dollar discrimination and breach of contract claims. All claims were dismissed after a two week jury trial in the United States District Court for the Southern District of New York.
Developer - Discrimination Claim
Representation of a real estate developer and general contractor in an action by a minority subcontractor pursuing multi-million dollar discrimination and breach of contract claims. All claims were dismissed after a two week jury trial in the United States District Court for the Southern District of New York.
2006
New York Yankees - New Stadium Financing
Representation of the Yankees in the issuance of $960 million of municipal tax-free and taxable bonds by the New York City Industrial Development Agency, which will finance the lease of the site and construction of a new, state-of-the-art stadium. We leveraged the firm's broad expertise in real estate, construction, corporate and tax disciplines to complete this innovative financing structure.
New York Yankees - New Stadium Financing
Representation of the Yankees in the issuance of $960 million of municipal tax-free and taxable bonds by the New York City Industrial Development Agency, which will finance the lease of the site and construction of a new, state-of-the-art stadium. We leveraged the firm's broad expertise in real estate, construction, corporate and tax disciplines to complete this innovative financing structure.
2005
General Contractor - Lien Foreclosure
Representation of a general contractor in a lien foreclosure action against the Metropolitan Transit Authority and the owner of 2 Broadway, New York, the MTA's headquarters. After a trial on the merits, the New York State Supreme Court awarded our client damages in excess of $1 million.
General Contractor - Lien Foreclosure
Representation of a general contractor in a lien foreclosure action against the Metropolitan Transit Authority and the owner of 2 Broadway, New York, the MTA's headquarters. After a trial on the merits, the New York State Supreme Court awarded our client damages in excess of $1 million.
2003
Asphalt Contractor - Post 9/11 Reconstruction Bidding Dispute
Representation of an asphalt contractor in challenging the bidding procedure used by New York City and utility companies to award significant street reconstruction work near the World Trade Center site after the September 11th terrorist attacks. We obtained several temporary stays on the grounds that the bidding procedure violated public procurement laws. The city cancelled its invitation to bid and used a different procurement procedure.
Asphalt Contractor - Post 9/11 Reconstruction Bidding Dispute
Representation of an asphalt contractor in challenging the bidding procedure used by New York City and utility companies to award significant street reconstruction work near the World Trade Center site after the September 11th terrorist attacks. We obtained several temporary stays on the grounds that the bidding procedure violated public procurement laws. The city cancelled its invitation to bid and used a different procurement procedure.
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