Real Estate Litigation

Litigation Over Real Estate

Our attorneys practice in city, state and federal courts of the NYC metro area. Our cases range from simple real estate deals gone awry to complex litigation involving large commercial properties. We regularly handle disputes and litigation involving:

  • Breach of contract (failure to consummate the deal)
  • Fraud, misrepresentation or nondisclosure
  • Problems at closing (breach of contract, time is of the essence, title defects, misrepresentations, loan/financing issues, etc.)
  • Recovery of down payment or earnest money deposits
  • Partition and co-owner disputes
  • Quiet title actions
  • Declaratory judgment actions
  • License and access agreements or actions
  • Contractor and construction contracts (delays, change orders, defects)
  • Construction litigation (mechanic’s liens, defects, nonperformance)
  • Beneficial and other ownership interests
  • Lis pendens
  • Commercial and residential lease disputes
  • Loan workouts
  • Distressed real estate
  • Foreclosure
  • Constructive trusts
  • Mechanic’s liens and contractor disputes

Kishner & Miller represents both sides of transactional disputes. We explore remedies to get the derailed transaction back on track or to make amends, but sometimes it is necessary or advantageous to go to court. Our lawyers will initiate or defend lawsuits and obtain injunctions while continuing to explore negotiated resolutions.

Our attorneys also handle complex real estate transactions, including structuring of commercial property or condo/co-op deals in the context of real estate representation or litigation.

New York City Property Dispute Attorneys

Our firm represents property owners in a wide range of legal conflicts:

Co-owner disputes — We are regularly called upon when parties who own property together have had a falling-out. We handle partition actions and related disputes between family members, estranged couples or real estate investors.

License and access disputes — Under Section 881 of the New York Real Property Actions and Proceedings Law, property owners can seek permission from the court to enter adjoining premises as necessary to make improvements or repairs. We represent either party in contested proceedings for such access, or in working out the terms of a license agreement, including compensation, duration, scope, terms, bonding, etc.

Property damage, infringement or nuisance claims — We resolve disputes between neighbors over allegations of noise, nuisance, property damage, easements, adverse possession, etc.

Experienced NYC Trial Lawyers

Kishner & Miller is dedicated to representing your legal interests in negotiations, trials and appeals. We balance your personal and financial stake in the property with practical realities such as the expense and risk of litigation and ongoing relations with family members or neighbors.

Call us now at (212) 585-3425 or email