Real Estate Transactions

Pozin, Smith, Steinman & Georgiou Join Firm and Start up Municipal Law & Land Use Group

We are pleased to advise that Daniel Pozin, Clinton B. Smith and Lester D. Steinman have joined the firm as partners and Anna L. Georgiou has joined the firm as counsel. They are all members of the firm’s newly created Municipal Law & Land Use group.

Davis Joins Firm and Heads Up New Tax Certiorari & Condemnation Group

Stephen Davis has merged his practice and joined the firm as counsel and is a member of our Commercial Litigation, Tax Certiorari and Condemnation and Real Estate Transactions groups.

Gleit Handles Sale and Mortgage of Nassau County Office Building

Milton R. Gleit represented the property owner in the sale of a Nassau County office building, with a securitized mortgage loan in the amount of $20,750,000.

Harrington Lectures on Commercial Finance for Pace

Joseph P. Harrington was part of a panel presentation on commercial finance and real estate development issues for a two-day program on May 17th and 18th, 2007 in White Plains, New York, sponsored by the Real Estate Law Institute of the Land Use Law Center at Pace University School of Law.

Rosh Lectures for NYSBA on Mortgage Foreclosures

Robert H. Rosh lectured on Mortgage Foreclosures in Tarrytown, New York on May 3, 2006 for the Real Property Law Section of the New York State Bar Association as part of an all-day program entitled “Practical Skills: Mortgage Foreclosures and Workouts”.

Harrington Lectures on Commercial Lending issues

Joseph P Harrington lectured on April 20, 2005 or Pace University School of Law in White Plains, New York on Commercial Lending issues as part of a program on “Commercial Real Estate Transactions”.

Harrington Lectures on Commercial Lending Issues

Joseph P Harrington lectured on April 21 and 28, 2004 for Pace University School of Law in White Plains, New York on Commercial Lending issues as part of a program on “Commercial Real Estate Transactions”.

Harrington Lectures on Commercial Real Estate Transactions

Joseph P. Harrington lectured on January 17, 2001 on Commercial Real Estate Transactions at Pace University College of Law as part of Pace’s Continuing Legal Education program

Non-Judicial Mortgage Foreclosure Law

Legal Notes, Spring 1999

Commercial Finance – Real Estate Transactions – $21 Million Construction Loan for Development of Mixed Use Shopping Center

Joseph P. Harrington

McCarthy Fingar’s Commercial Finance lawyers often represent our lending clients in commercial Real Estate Transactions. Here, Joseph P. Harrington represented the lender on a $21 million dollar construction loan for the development of a mixed use shopping center with a national supermarket as the anchor tenant under a long term lease. 

Sellmon v. Cotter (Sup. Ct., Westchester Co., Index No. 11444/11)

Robert H. Rosh

McCarthy Fingar’s Commercial Litigation and Real Estate Transactions lawyers sometimes represent clients in lease disputes. Here, Robert H. Rosh successfully moved to dismiss the complaint in which the plaintiff-landlord sued our client to recover damages under a guaranty of rental payments for a one year lease entered into by our client’s son as tenant. The issue in this case was whether the guarantee signed by our client was limited to her son’s one year lease, or extended to a renewal lease that our client’s son had entered into after the expiration of the one year lease, and allegedly defaulted under. In dismissing the complaint on Rob’s motion, the court held that, under New York law, a guarantor is not bound beyond the express terms of his guarantee. And, because the guarantee did not expressly states that the parties intended the guarantee to continue during periods of renewal, our client’s liability under the guarantee did not extend to the renewal lease.

Wiernik v. Kurth (Sup. Ct., Westchester Co., Index No. 6216/07) (2010)

Robert H. Rosh

Robert H. Rosh successfully prosecuted this action by obtaining for our clients a favorable settlement under which the defendants confessed judgment. The dispute arose out of a construction project involving the construction of an addition to our clients’ residence. The construction was, as alleged in the complaint, replete with structural deficiencies, and the defendant-contractor was not a licensed home improvement contractor.

Negotiation & Documentation of Work-Out/Restructure of Defaulted Mortgage Loan for Banking Client

Joseph P. Harrington

In addition to closing commercial loan transactions for our banking clients, our Commercial Finance & Real Estate Transactions lawyers sometimes assist clients on the work-out and/or restructuring of a problem loan. On behalf of one of the firm’s banking clients, Joe Harrington successfully negotiated and documented the restructure of a defaulted loan secured by a first mortgage on an office building, thereby enabling the client to convert the defaulted loan into a performing asset.

Keiser v. Todd, 290 A.D.2d 492, 736 N.Y.S.2d 255 (2d Dep’t 2005)

Robert H. Rosh

If a dispute as to a real estate transaction cannot be settled, lawyers need skill and experience to win a case in court. In this matter, Robert H. Rosh successfully defended our client at both the lower court and appellate levels, in an action brought by a tenant to enforce a purported option to purchase our client’s real property. Rob moved for, and obtained, an order dismissing the tenant’s complaint. In support of its dismissal, the court held that the draft option agreement between the parties did not identify the property to be conveyed with sufficient particularity to satisfy New York’s Statute of Frauds, General Obligations Law §5-703(2), and was therefore unenforceable.

Following our client’s victory, the tenant refused to vacate the premises and Rob successfully pursued on our client’s behalf a proceeding that resulted in the eviction of the tenant from the premises.

Frankel v. Ford Leasing Dev. Co., 7 A.D.3d 757, 776 N.Y.S.2d 905 (2d Dep’t 2004)

Robert H. Rosh

Our lawyers defend clients on unwarranted lawsuits for enforcement of alleged contracts. Here, Robert H. Rosh successfully defended an action that was brought against his client for specific performance of a contract to sell real property. Rob moved for and was awarded summary judgment dismissing the action. On appeal, the lower court’s decision was affirmed, finding that the parties never had a meeting of the minds, and that the documents which had been relied upon by the plaintiff in support of his claim had omitted essential terms of a contract; and, thus, the claim was barred under the statute of frauds. The appellate court also found that the actions taken by the plaintiff were not unequivocally referable to a contract of sale so as to constitute part performance sufficient to defeat the statute of frauds, and were merely steps taken in contemplation of a future agreement.

Representing Real Estate Developer Purchasing Real Estate for Retail Use

Milton R. Gleit

McCarthy Fingar’s lawyers often represent clients buying real estate for commercial use. Here, Milton R. Gleit represented a real estate developer acquiring six lots from four sellers at a price exceeding $7 milllion for commercial redevelopment of the assemblage for retail use.