REPRESENTATIVE LEGAL MATTERS
Property Owners
Nadel & Associates, P.C., represents owners of property of diverse types and sizes. We work with the owners of small commercial and residential properties and individual condo and Co-Op units as well as with large commercial properties in Manhattan consisting of over 100 offices, often including retail space.
Real Estate - Purchase and Sale Disputes
We represent parties with problems related to their contract and/or closing issues. These often include the purchase or sale of new construction or disputes that arise in connection with closings, down payments, contracts, defects or post-closing issues. These matters can involve a wide variety of legal issues, including but not limited to: misrepresentations and fraud; construction problems; concealment of property defects; interpretation of contractual provisions and violations of city, state and federal laws and regulations.
Real Estate - Title, Deed, and Co-Owner Disputes
Our firm is often called upon to resolve disputes involving Title issues, Deed transfers and disagreements among co-owners of property. We have negotiated settlements, interpreted complex deed and estate property issues and litigated as needed. We commence and defend Partition actions between co-owners, whether they are relatives, couples or co-investors. These actions serve to resolve the numerous issues that arise when co-owners have divergent interests in their property holdings and where financial expenditures and obligations of the parties are an issue.
Corporations, Partnerships, Businesses, and LLC's
We serve as general legal counsel for large and small businesses. We guide our clients in their day-to-day operations and provide on-going advice in the operation and expansion of their businesses, including contracts and vendor agreements, leases, employment agreements and employee issues, as well as issues that may arise in the creation and promotion of products and services. Our firm also assists clients in navigating through complex issues and the expansion of business operations.
If problems arise, clients know that our strong litigation skills will enables us to effectively represent, protect and defend them in matters involving such things as business operations, vendors, products, employees or the more complex business structures related to breach of fiduciary duty; the need for a financial accounting; the dissolution of the company; the appointment of a receiver to operate the company during litigation and the buy-out of owners, partners and shareholders. We also pursue and defend injunctions to stop any improper actions such as the wrongful withdrawal or disbursement of business money or property when it is not in the regular course of the business.
Our firm also represents and defends closely-held corporations in lawsuits involving allegations of breach of fiduciary duty, purported breaches of employment agreements, and competing interests of minority shareholders.
We represent shareholders and officers of corporations. We commence and defend lawsuits against the company and its officers for breach of fiduciary duty, to seek declarations as to shareholders’ interests, for fraud and other wrongdoing, as well as negotiating buyouts and seeking other successful resolutions.
Our firm represents LLC’s, including both minority and majority members. We commence lawsuits on behalf of members and on behalf of LLC’s. We sue managing members for breaching their fiduciary duty and for an accounting when there are financial discrepancies in the company. We also litigate for return of sums misappropriated, sums secretly diverted, sums spent when beyond the scope of authority, or in one case seeking return of the funds that the managing member arranged for the LLC to loan to another company that was just a “shell” controlled by the managing member.
Condominium and Co-op Boards - Homeowners' Associations
Our firm represents Condominium and Co-operative Boards as well as Homeowners’ Associations in day-to-day operations and in resolving problems with the operation of their building. Such cases arise as a result of financial difficulties, friction among Board members, varying interests of Commercial and Residential Boards or from issues involving unit owners. Our representation typically consists of such things as assisting the Board in compelling other Board members to attend Board meetings, retaining and negotiating the services of a new managing agent, resolution of day-to-day issues that arise with respect to the operation of the condominium, leak and repair issues, misuse of the common elements, noise and nuisance issues as well as complicated transfer issues.
We work with Co-op Boards on such matters as calling special meetings, amending by-laws, house rules and/or proprietary leases, providing guidance on flip taxes, reserve funds, underlying mortgages, sale of shareholders’ interests and retention of managing agents.
We assist buildings in updating by-laws and house rules to keep current and provide for new or modified rules relating to such things as smoking bans in the common areas of the building and in units purchased after the institution of the ban and rules related to short-term rentals and updates to pet policies. We have extensive experience handling the notices and drafting of the appropriate language to accomplish such goals.
Condominium and Co-op Owners
The firm represents Condo and Co-Op owners in litigation relating to flip tax issues, Board or By-law issues or, in some cases, differential treatment of shareholders. We are especially effective in having the court void the flip tax when the necessary steps are not taken, pursuant to the By-laws and other governing documents to adopt a proper flip tax.
We represent unit owners of new, as well as distressed, condos and Co-Ops, assisting them in electing a new Board and resolving issues with developers, which can involve such things as illegal uses by the developer, construction defects in the building, breaches of the Limited Warranty in the purchase agreements and violations of the General Business Law.
We represent unit owners in investigations of financial issues and mismanagement by original sponsors, Board member or managing agents. We are called upon to examine the Offering Plan, By-Laws and/or financial statements for Condos, Co-Ops and Homeowners’ Associations so as to provide advisory opinions and to analyze the likely outcome of litigation against the sponsor, the building and/or the managing agent. We litigate when necessary to remove sponsors from control of the Board to get the actual unit owners placed on the Board. We represent buildings with respect to their day-to-day operations and issues with respect to repairs, unpaid common charges and special assessments.
Commercial - Landlord/Tenant Representation
Our firm represents owners and tenants of commercial properties relating to lease disputes involving non-payment of rent, holdovers, illegal use, repair and maintenance issues, Yellowstone injunctions, mechanics lien and other lien issues, tenant bankruptcies, and letters of credit. We are seasoned and experienced in all aspects of the judicial process including, motions, hearings and trials, and as such we can provide preeminent counsel in guiding our client’s negotiation and litigation course.
Residential - Landlord/Tenant Representation
Our firm effectively represents residential owners and tenants of market and rent-regulated properties, involving issues of non-payment, nuisance, illegal sublet, succession, non-primary residence, holdover and lease disputes in the New York City Civil Housing Courts. Our attorneys are well versed in all aspects of Rent Stabilization, Rent Control, multiple dwelling laws and the NYC administrative code. We represent both Landlords and Tenants at hearings, motion arguments and trials.
Managing Agents
We work directly with managing agents in assisting with their oversight of residential and commercial properties under their care and in handling all litigation and landlord/tenant issues including the non-payment of rent, evictions, lease disputes and violations.
International
Our firm represents clients and businesses engaged in international commerce and, as such, oversee and manage foreign litigation relating to such matters as distribution agreements, breaches of contract, product delivery issues, issues of forum non conveniens and invalid overseas or domestic service on a corporation. This benefits our clients as our firm’s attorneys work actively with Counsel abroad to provide direct supervisory authority and contact with foreign counsel.
We represent foreign entitles and agencies litigating in New York. We act as local counsel in matters involving commercial disputes, complex agency issues, and third-party bankruptcy related issues.
Federal Court Litigation
We represent businesses and owners of large real estate properties in federal court lawsuits. These matters can involve interstate commerce, multi-state parties, and complex loans, financing issues, and financing agreements. We are successful in achieving our client’s goals through a comprehensive litigation and negotiation strategy.
