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Daniel R. Wotman & Associates, LLC handles all aspects of commercial real
estate litigation, including construction project financing disputes,
enforcement and removal of mechanic's liens, breach of commercial office and
retail space lease agreements, commercial eviction actions and recovery of funds
stolen by managing agents of real estate properties. The firm has also developed
an expertise in real estate tax matters from lien foreclosures to real estate
tax certiorari proceedings. The firm also has extensive experience representing
residential shareholder associations in post conversion residential cooperative
corporations in protecting their rights to control their coop's board of
directors, ensure proper use of reserve funds, cancellation of sweetheart leases
and contracts with sponsors and removal of real estate management companies with
close ties to board members who have abused their positions.
Coverage Areas
The firm has extensive experience in successfully representing clients with
all aspects of real estate litigations, including:
- construction contract disputes between general contractors, sub
contractors and owners
- mechanics' lien foreclosures
- real estate tax certiorari proceedings
- tax lien foreclosures by New York City and other county government
- landlord tenant evictions
- commercial leasing litigation
- construction lending litigation
- real estate partnership disputes
- recovery of funds stolen by real estate management companies
- representation of claimants under real estate title insurance policies
- representation of shareholders in residential coop buildings against
management and sponsors for fraud, mismanagement and control over the board of
directors
- adverse possession claims and property line disputes
- title insurance claims
- commercial eviction hold over and non payment proceedings in landlord
tenant courts
- recovery of fraudulently conveyed real estate under New York's debtor and
creditor law
Representative Real Estate Cases
- Chartwell
Realty Partners, et al.
v. Zepka
Goldberg,
U.S. District Court, S.D.N.Y. 1988 (prosecution of action by real estate
owners against managing agent for improper removal of funds and mismanagement
of properties).
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NYC Department
of Housing & Community Renewal
v. 551 West 175th Street Realty Corp., Housing Ct., N.Y. Co. 1991
(successful defense of real property owner in proceedings by New York City to
appoint administrator over rent stabilized building).
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Donnellan
Birdsall Company
v. Corco Construction (In re Donnellan), U. S. Bankruptcy Court,
E.D.N.Y. 1989 (action on behalf of debtor/real estate owner against co-venture
construction partner for breach of construction contract and fraud and against
construction lender for lender liability).
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North Unity
Corp., et al.
v. Carlyle Northport Marina Associates, Carlyle Construction Corp.,
Citibank, N.A., et al., U.S. District Court, E.D.N.Y. 1991 (action by
general partner against other general partner for breach of partnership
agreement, against construction company for improper construction, and against
lender for lender liability in connection with formation, development and
operation of marina complex).
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North Shore
Towers Shareholders Association
v. Three Tower Associates, et al.; U.S. District Court, E.D.N.Y. 1995
(prosecution of action by shareholders against sponsor of coop resulting in
transfer of voting control of coop from sponsor to shareholders).
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Donna Lee
Williams, Insurance Commissioner of The State of Delaware
v. LPDA Acquisition Corp., et al., U.S. District Court, S.D.N.Y. 1998
(investigation on behalf of Federal Receiver appointed by USDC, SDNY into
$450,000,000 fraud on insurance company in liquidation and prosecution of
commercial mortgage foreclosure and guaranty actions against indicted
defendants Sholam Weiss and co-defendants to recover assets on behalf of
Delaware Insurance Commissioner).
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Representation of
Landlords and Tenant in Commercial Breach of Lease and Eviction Actions.
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