Real Estate Litigation
Commercial real estate transactions often involve complex arrangements between multiple, highly sophisticated parties—which means that when disputes occur, resolution is rarely straightforward. Schulte’s Real Estate Litigation practice represents the entire range of real estate market participants, including lenders and borrowers, buyers and sellers, developers, landlords and tenants, and in every type of litigation and arbitration, including those involving foreclosures, guarantees, ground leases, distressed properties and disputes between lenders. We also have considerable experience advising multigenerational real estate families regarding both business disputes and conflicts involving family members.
Representations
Representing 173 partners of one of the world’s largest law firms in a victory in a major lawsuit brought by a past landlord for over $200 million.
Represented a large private equity investment firm in connection with a lawsuit against the firm and its broker, stemming from their participation in the purchase of an iconic Chicago high-rise tower.
Represented a large real estate investment firm in a breach-of-contract action, successfully knocking out claims for a multimillion-dollar commission related to the historic Helmsley Building sought by a New York-based mortgage broker.
Successfully represented one of the most prominent real estate owners in the United States against a popular New York City retailer in obtaining an arbitration award setting the rent for the retailer’s renewal lease at the highest level for retail rent in Manhattan history.
Successfully defended against a mortgage loan foreclosure action in which the mortgage lender sought to take control of a landmark Chicago hotel.
Representing seven pension funds on breach of contract and specific performance against management of a REIT owning properties located in Washington, D.C. and its suburbs.
Successfully opposed an injunction sought in New York Supreme Court against a mezzanine lender by other mezzanine lenders in the $500-million capital stack of the old New York Times building.
Obtained dismissal of $150-million suit on behalf of Mammoth Mountain Ski Area, a portfolio company of private equity investment fund Starwood Capital Group, alleging that it intentionally interfered with the development contract between the plaintiff and the town of Mammoth Lakes.
Successfully defended a mezzanine lender foreclosing on collateral for its loan against an action in New York Supreme Court to enjoin the foreclosure on the grounds that the terms of the sale were not commercially reasonable.
Obtained a favorable decision from the U.S. Court of Appeals for the Second Circuit on behalf of the Town of Wappinger, N.Y. on a matter involving a dispute with a landowner of a subdivision plat for a seven-parcel development.
Successfully defended a private equity firm against a civil RICO action filed by a real estate investment firm in the U.S. District Court for the Southern District of New York where plaintiffs were seeking $4.2 billion in damages on the grounds of a conspiracy to launder money through the fraudulent sale of an office building.
Defended a real estate development company and affiliated entities in several actions in federal court in New York, and in related litigation in the United Kingdom and the Netherlands, arising out of joint venture agreements to develop several buildings in New York City.
Successfully represented real estate owners in application to compel the City of New York to apply real estate tax abatement to their real estate development in conformity with tax code.