Real Estate Litigation


Anderson Kill's real estate litigators represent owners, developers, commercial tenants, commercial landlords, contractors, architects and governmental agencies in real estate and zoning disputes. Our attorneys handle all facets of litigation and have substantial experience both conducting trials involving real estate and construction matters and handling appeals.

We also advocate our clients' positions in non-litigation settings. We have successfully resolved numerous disputes through mediation, arbitration and settlement discussions. We attempt to resolve disputes without litigation and in accordance with the overriding business purposes of our clients who also benefit from the firm's extensive transactional experience. When disputes cannot be resolved informally, by settlement, or other alternative dispute resolution, we have successfully handled multi-week court trials and arbitration hearings, and both pre-trial and post-trial appeals.

Some of the areas in which we have handled litigation include:

  • Commercial lease disputes
  • Lease renewal controversies and provision disputes
  • Contract disputes
  • Yellowstone injunctions (tolling cure periods)
  • Constructive eviction
  • Warranty of habitability
  • Surrender and acceptance
  • Non-payment
  • Holdover by tenants and sub-tenants
  • Evaluation of property, including government takings
  • Challenges to zoning decisions
  • Permitted uses under zoning regulations
  • Mitchell-Lama

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