Settled contentious NEIGHBOR DISPUTE involving claims of

Settled contentious NEIGHBOR DISPUTE involving claims of TRESPASS, NUISANCE, ASSAULT AND BATTERY, PROPERTY DAMAGE, and allegations of violations of the RALPH ACT, by both parties against each other. The litigants were particularly entrenched in their positions, and the five year dispute contained many complex and emotional layers.

Settled contentious NEIGHBOR DISPUTE involving issues of

Settled contentious NEIGHBOR DISPUTE involving issues of CONSTRUCTION on one property adversely affecting structural integrity of neighboring apartment building. The parties’ long- standing dispute revolved around both liability for the alleged damages, as well as the recoverability of CONSEQUENTIAL DAMAGES that plaintiff attributed to neighbor’s property.

Mediated pre-litigation REAL ESTATE NON DISCLOSURE matter

Mediated pre-litigation REAL ESTATE NON DISCLOSURE matter brought by buyers after discovery of WATER INTRUSION damage and MOLD. Buyers claimed that Sellers failed to disclose alleged defects before sale, resulting in significant repair and construction costs.

NEIGHBOR DISPUTE between property owners involving issues

NEIGHBOR DISPUTE between property owners involving issues of unpermitted structures and alleged damage to neighboring property. Dispute was a highly emotional and contentious one between sophisticated landowners.

Action by former TENANT against owner of

Action by former TENANT against owner of property for breach of HABITABILITY and to recover rent paid for UNPERMITTED conversion unit. Issues related to whether tenant misused the property, causing habitability claims, and to whether tenant was constructively evicted, and if so, what the proper measure of damages should be.

Action for PARTITION of residential real property

Action for PARTITION of residential real property brought by one TENANT IN COMMON against the other. New tenant in common was not the tenant in possession and acquired its one -half interest from the brother of the co-tenant who was in possession. The issues included CREDITS for overpayment of proportionate share of monies spent for the common benefit of the property; liability for MORTGAGE PAYMENTS; and whether an OUSTER existed entitling one co-tenant to damages. Attorneys’ fees and other costs were also disputed.

Action to determine RIGHT TO COMMISSION on

Action to determine RIGHT TO COMMISSION on sale of residential real estate. Seller disputed that agent and broker were entitled to commission, alleging BREACH OF FIDUCIARY DUTIES and failure to follow seller’s instructions. Agent/brokerage company claimed it was entitled to full commission earned on sale of property. Dispute settled prior to litigation being filed.

AGENT BREACH OF FIDUCIARY DUTY claimed by

AGENT BREACH OF FIDUCIARY DUTY claimed by clients when complicated multiple sales/purchase contingency transactions failed to close. Clients alleged that agent who acted as DUAL AGENT in one of the transactions, favored interests of other party over theirs. Clients claimed damages in securing a substitute property and in being without a place to live in the interim.

Breach of COMMERCIAL LEASE claim by lessor

Breach of COMMERCIAL LEASE claim by lessor and former business partner of lessee for unpaid rent. Lessor alleged that the lease had been extended by a clause in a separate sales agreement of the business, whereas lessee claimed that no EXTENSION existed and that the tenancy was converted to “month to month” with a 30-day notice provision. Issues were also raised about rent obligations for commercial tenants in the current PANDEMIC RELATED rental environment.

BREACH OF CONTRACT for HOME REMODEL wherein

BREACH OF CONTRACT for HOME REMODEL wherein contractor sued to recover for unpaid amounts, and homeowner counterclaimed for failure to perform under the contract, and for consequential damages. Homeowner also claimed that contractor failed to obtain signed change orders to document claim for additional funds for additional work.

BREACH OF WARRANTY OF HABITABILITY claim in

BREACH OF WARRANTY OF HABITABILITY claim in which former tenant claimed that WATER INTRUSION prevented her from living in her apartment unit and caused personal injury in the form of MOLD EXPOSURE to her children. Rental expenses, property loss and personal injury were all claimed.

Buyer of vacant plot of land sued

Buyer of vacant plot of land sued seller’s agent for failure to alert buyer of discrepancy in BOUNDARY LOT LINES based on undisclosed SURVEY. Buyer claimed that lot was smaller than represented, and that difference in lot size made planned construction more costly and difficult.

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Case Results: Real Property