Real Estate Litigation

Overview

Blank Rome’s sophisticated Real Estate Litigation practice has a proven track record of obtaining favorable results in high-profile, high-stakes, complex real estate matters.

Our nationally recognized team of distinguished litigators has handled a wide array of commercial real estate claims, disputes, and other matters, such as: complex lease disputes, landlord-tenant disputes, real estate partnership / joint venture disputes, condemnation, real estate valuations, environmental claims, and land use disputes. Our top-ranked litigators often collaborate with our nationally recognized Real Estate practice group in developing novel and innovative litigation strategies, and work closely with our firm’s other practice groups to devise creative solutions for our clients on land use and zoning, environmental, taxation, and bankruptcy matters.

Experience

Created the precedent that a prevailing party is entitled to recover their reasonable fees and costs where they are awarded the “central relief” that goes to the “core” of the parties’ dispute.
Denied a commercial tenant’s COVID-19 lease defenses and ordered the payment of nearly one million dollars in back rent, plus fees and costs, thereby invalidating the applicability of the doctrines of force majeure and impossibility resulting from the pandemic.
In a case of first impression, created a carve-out exception to the Statute of Frauds presenting a sea change under the law, which now allows parties to seek specific performance under an oral contract to buy or sell real property so long as the party seeking the remedy can show that it partially performed their contractual duties.
In a novel case on two separate issues, successfully established that: 1) a board may pursue claims against a sponsor-developer’s principal, personally, where the principal signs the certification to the Offering Plan in his individual capacity; and 2) a sponsor-developer may be liable for construction defects beyond the applicable notice period set forth in the Offering Plan when the sponsor-developer engages in repairs beyond such notice period.
Reaffirmed the general rule that dismissals after opening statements are strongly disfavored absent extraordinary circumstances in a corporate veil piercing action brought against a commercial tenant and its principal.
Successfully represented a mall against a challenge by a retail tenant that a guarantee was invalid for lack of consideration even though the guarantee was executed prior to the lease.
Established that a mortgagee can be permitted to intervene in an action even where the defendant/mortgagor has defaulted.
Successfully represented a major real estate investment trust against a large co-working company that had attempted to unilaterally terminate a long-term commercial lease. After trial, the court issued a judgment declaring that the attempted termination was ineffective and did not terminate the lease.
Represented a Fortune 500 technology company in connection with closing its retail locations worldwide.
Represented a franchise owner and its principal in multiple litigations in state courts in New York; New Jersey; Massachusetts; and Washington, D.C., in connection with breach of lease claims against various franchises and two enforcement actions for alleged violations of consumer protection statutes.