SILVERSMITH & VERAJA

Practice Areas

REAL ESTATE

Commercial: Non-Payment And Holdover Summary Proceedings

Representation in Civil Court on non-payment and holdover proceedings including substantial breach of lease, conditional limitation and other termination of tenancy cases, court appearance and trials.

Residential: Non-Payment And Holdover Summary Proceedings

Residential non-payment proceedings including building wide rent strikes and holdover proceedings, including lease termination as a result of lease expiration, breach of substantial obligation of the lease, non-primary residence, wrongful sublet, owner's own use and other permitted grounds; Court appearances and trials; representation of landlords in HPD actions commenced by tenants for repairs and defense as to requests for civil penalties including heat and hot water cases.

Supreme Court

Court appearances and trials in Supreme Court on commercial and residential real estate matters including substantive damage claims; Yellowstone Injunctions; preliminary and permanent injunctions; issues of an architectural nature; partition actions, enjoin sale of building or of air rights; injunctions as to repairs and installations; issues relating to adjacent buildings; brokerage commission disputes; trespass; mechanic's liens; reformation of lease; harassment; restrictive covenants in leases; prosecution and defense of foreclosure of liens for failure to pay common charges; defense of condo and coop Boards; ejectments and other related architectural and real estate matters requiring Supreme Court representation and including Article 78 Proceedings.

Appeals

On real estate and other related matters to the Appellate Term, Appellate Division, and New York State Court of Appeals; motion practice including stays pending appeal.

Real Estate Transactions

Drafting, review, and negotiation of commercial and residential leases, contracts and closings for the purchase and sale of co-ops, condos and homes.

Code Violations

Defense of actions commenced against owners in Criminal Court and the Environmental Control Board, including building code and fire code violations for which owners may be criminally sanctioned and otherwise fined.

Administrative

Matters pertaining to administrative agencies, including the New York State Division of Housing and Community Renewal (DHCR), including building-wide and individual apartment decrease in service complaints, harassment and compliance proceedings; Fair Market Rent Appeals, rent overcharge complaints, and Petitions for Administrative Review.

Collections

Commencement of collection actions for rent and other damages resulting from vacating of residential and commercial premises, including enforcement of judgments through restraining notices and property executions on bank accounts and other assets.

Co-ops/Condos

Legal advice to Boards and Buildings; Review of documents; Representation of Boards and Buildings, Owners and Shareholders; Litigation in Supreme Court and Civil Court, including Nonpayment and Holdover Summary Proceedings; Court Appearances and Trials; Representation before Governmental Agencies.

COMMERCIAL LITIGATION

General Commercial Litigation

Legal issues of a commercial nature including prosecution and defense of Boards as to various matters including breach of fiduciary obligations and matters pertaining to Business Judgment ; prosecution and defense of actions for injunctions and damages and issues caused by adjacent building owners by reason of encroachment or required repairs affecting adjacent buildings; disputes between members or shareholders or other entity disputes between minority and majority interests; business membership valuation of interest disputes; representation of receivers; breach of contract; defense of nuisance abatement actions; defense of construction claims by contractors; fraudulent conveyance, defense ; issues of an architectural nature; damages; defense of ADA litigation relating to removal of architectural barriers and other business related claims and defense.