Matters

Title Insurance Company/Property Owner – Restrictive Covenant Dispute

Representing the owner of a vacant parcel of land in Westchester County, New York in a dispute with neighboring property owners over our client's plans to construct an affordable housing complex on the property. Relying on a century-old restrictive covenant contained in a prior deed which prohibited development of a "tenement or flat-house" on the property, the neighboring property owners are attempting to block our client's planned development of the land. Herrick is defending the owner's right to develop the property, arguing that the planned modern day apartment complex is not a "tenement or flat-house" within the meaning of the restrictive covenant and, in any event, the restrictive covenant is unenforceable.

Technology Company – Licensing Dispute

Representing the developer of an innovative insurance product in litigation filed in New York State court arising from the alleged breach of a licensing agreement giving our client exclusive access to certain data that serves as the foundation for the new product.

Real Estate LLC Shareholder – Breach of Fiduciary Duty Claims against Managing Member

Representing a significant stakeholder in 16 LLC’s which own and manage approximately 30 income-producing properties in Manhattan in pursuing breach of fiduciary duty and fraudulent inducement claims as well as derivative claims for waste, conversion and unjust enrichment against the managing member alleged to have capitalized on his control of the LLCs by siphoning off millions of dollars to enrich himself.