Sears – Special Counsel to Creditors Committee

Serving as (i) Special Counsel to the Official Committee of Unsecured Creditors charged with investigating potential estate claims and causes of action relating to a 363 sale of intercompany company notes and certain credit default swap transactions, and (ii) Special Counsel to the Official Committee of Unsecured Creditors in high profile litigation on behalf of debtors’ estates, seeking to recover billions of dollars of claims arising from several prepetition transfers. (In re Sears Holdings Corporation, et al. (S.D.N.Y.)

Real Estate Investor – Summary Judgment Granted in Contract Dispute over Prospective Purchase of Condominium Unit

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.

Commercial Real Estate Firm – Motion to Dismiss Granted in Contract Dispute

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.