At Itkowitz PLLC, we handle a variety of real estate litigation matters, beyond just commercial and complex-residential landlord and tenant litigation, and we do commercial leasing. Our founder, however, has chosen to brand us within the L&T-niche, because that has proved an amazingly successful strategy for building our firm in a crowded market. We are, however, at our very cores, litigators in the New York City real estate space. Below we take a moment to highlight some of the other types of matters that we work on all time. You can find extensive examples of our work on our Blog by utilizing the tags provided.
Litigation Surrounding the Sale of Real Property - Specific Performance and Recovery of Down Payments
Itkowitz PLLC often represents the former parties in real estate sales and purchases, who come to us when their deals have gone awry. Generally, the remedies available where a deal does not close are Specific Performance (available to both buyers and sellers and involves trying to force a seller to sell or a purchaser to purchase), suing to recover a down payment (available to buyers only), or suing for a declaration that the seller can keep the down payment (available to sellers only). In this regard, we deal with Lis Pendens (a/k/a Notices of Pendancy), which are often filed by a jilted buyer and cloud the title of a property, as well as “Time is of the Essence” clauses, which may provide both a buyer or a seller a cause of action to assert that the other party is in breach of an agreement.
Itkowitz PLLC has successfully represented real estate brokerage firms, individual real estate brokers, as well as “finders” in a variety of civil actions. We represent brokers who were denied all or part of their commissions following a successfully consummated transaction. We also represent sellers against brokers when commissions are undeserved. We have also represented brokers in housing discrimination matters, including before the New York State Office of the Attorney General Civil Rights Bureau. Additionally, we handle matters involving the recovery of finder’s fees.
Itkowitz PLLC is often tasked with providing advice and handling litigation concerning disputes between real estate businesses, including limited liability companies, partnerships, closely held corporations, joint ventures, and family businesses.
Itkowitz PLLC handles disputes, arbitrations, and litigations involving construction, development, architecture, and engineering. This often requires filing or removing mechanic’s liens and commencing or defending against legal actions to foreclose on them.
Itkowitz PLLC defends property owners and brokers in housing discrimination matters in court and before the New York State Office of the Attorney General Civil Rights Bureau.