Real Estate and Zoning Litigation and Dispute Resolution


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 extensive experience both conducting trials involving real estate and construction matters and handling appeals. For a broader discussion of our Construction Litigation, please see Construction Litigation.

We also advocate our clients' positions in non-litigation settings. We have successfully resolved numerous disputes through mediation, arbitration and settlement negotiations. We attempt to resolve disputes without litigation and in accordance with the overriding business purposes of our clients by utilizing the firm's transactional and real estate litigation 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, including disputes involving contracts of sale and zoning lot development agreements
  • 'Yellowstone' injunctions (tolling cure periods)
  • Construction eviction
  • Warranty of habitability
  • Environmental Review issues (SEQRA and CEQR statutes)
  • Purchase & Sale Agreement disputes
  • Construction Loan disputes
  • Land Entitlement disputes
  • 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
  • Judicial Foreclosure, Wrongful Foreclosure and Slander of Title Disputes
  • Private money loan disputes
  • Provisional Remedies, including Receiverships, Writs of Attachment, and Injunctive Relief

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