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Practice Areas

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Commercial Real Estate Litigation

AKB handles a wide range of complex commercial real estate litigation. We have experience with disputes involving breach of commercial leases, partnership agreement disputes and accounting actions, lawsuits against condominium sponsors, and land use litigation. Some of the lawsuits that we have worked on include: 

  • Successfully defended a New York State agency in a breach of contract action seeking over $300 million in damages. The case was dismissed on summary judgment.

  • Defended a condominium sponsor against allegations of construction defects and breach of offering plan in lawsuits by purchasers and New York State Attorney General.

  • Represented plaintiff partner in shopping center in lawsuit for breach of partnership agreement.

  • Defended developer in lawsuit brought by adjacent property owner for breach of restrictive covenant.

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Ground Lease Rent Resets & Valuation Disputes

We have experience representing lessors and lessees in ground lease rent reset arbitrations and appraisal proceedings.  We work with appraisers, land use consultants, and construction experts to value property as if vacant and unencumbered by leases. We have also litigated in court issues of lease interpretation, arbitrator conflicts of interest, motions to compel arbitration, and post-award motions to confirm or vacate. Representative cases include:

  • Two arbitrations involving a high-rise residential co-operative on Manhattan's east side.

  • An arbitration with a court appointed arbitrator for a midtown office building.

  •  An appraisal proceeding for a midtown office building.

  • Tried multiple valuation cases of a wide variety of properties including self-storage warehouses, gas stations, office building, multi-family residential buildings, and a hotel development site. Trial issues included the reasonable probability of a zoning change, transfer of development rights, and restrictive covenants.

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Eminent Domain

AKB's eminent domain practice is one of the most active and well-respected in New York.  We counsel government agencies on development projects and condemnation proceedings of all magnitudes and complexities. We also represent condemnees and developers who are project sponsors. We advise on every aspect of the eminent domain process from the moment it is first considered through the public hearing process, acquisition, relocation, valuation, litigation, trials and appeals. Some of the projects that we have worked on:

  • Pacific Park (also known as Atlantic Yards) and the Barclays Center

  • Second Avenue Subway

  • LIRR's Third Track Project

  • Fulton Street Transit Center

  • East Side Access

  • John Jay College

  • Medgar Evers College

  • Columbia University's Manhattanville Campus

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