Real Estate Litigation

As one of New York’s premier real estate litigation firms, we have participated and prevailed in many of the most important New York real estate cases of the new millennium, as reflected in numerous published and unpublished decisions on novel legal issues. Our attorneys have won over a thousand cases in the courts in the state of New York including State Supreme, Housing, Civil and Federal courts in addition to over 250 appellate court cases, many at New York’s highest court, the Court of Appeals.

Our successes have led to the highest honors and awards from the bar and ranking organizations. Our firm is the only real estate litigation law firm with under 30 attorneys that has received an AV® Martindale-Hubbell rating, Super Lawyers honors with a Top 100 recognition, Best Lawyer awards for the firm and attorneys and selection into the Registry of Preeminent Lawyers as well as the American College of Real Estate Lawyers.

We also take great satisfaction in garnering victories for our clients at the bargaining table as well as in the courtroom. Recent negotiating victories have saved the day for clients ranging from elderly widows to universally recognized international corporations. Our negotiation and persuasion abilities have been featured on national television’s Dateline NBC where it noted that our attorneys are “aggressive, tenacious and smart.”

Since we solely practice real estate law, we are intimately familiar with both its complexity and constant evolution. Many of the judges we appear before recognize the firm’s experience on a myriad of real estate issues. Our preeminence in the field is further demonstrated in the legislation we have drafted on behalf of our clients, the more than ninety books published and numerous New York Law Journal real estate columns we have published, as well as the many articles in leading real estate periodicals authored by our attorneys, and our being chosen as the primary drafter of leases by Blumberg Forms. These books include the Housing Court Reporter, a thirty year collection, organization, and analysis of over 50,000 landlord-tenant cases used by most regular housing court practitioners and all landlord-tenant judges.

As we understand that cases often cannot be won based on a witness’s testimony alone, our investigative skills and familiarity with advanced technology have greatly enhanced the firm’s success rate. Our courtroom attorneys are able to receive real time results from our research staff as issues arise during trials, thus providing instant authoritative answers to judges’ questions. This formula has caused companies both small and large, as well as their general counsel, to rely on our advice, which in turn, has led to our representation of a number of the largest companies in the United States.

  • Real Estate Law Firm Prevails Against Trump Soho on Fraud Claims; Settlement Provides Millions of Dollars to Clients
  • Landmark Victories Won by Law Firm Using Arcane Federal Law: Judge Rules Condo Deals Come Under Federal Law; a ‘Game Changer’ Decision
  • Using Victory in Court, Proposing Legislation, Conducting Rallies, and Mobilizing Political Support and Media Attention, Save Harlem Association Obtains Winning & Avoids Settlement
  • Winning Settlement Obtained for Restaurant Struck by Crane on March 15th, 2008
  • Largest Condominium Settlement in New York History Obtained by Real Estate Law Firm
  • Landmark Decision Obtained by Real Estate Law Firm Denying Developer of a License in Order to Preserve the Safety and Interests of Adjacent Condominium Owners
  • Adverse Possession Claim Secured by Real Estate Law Firm
  • On behalf of Deutche Bank and Title Company, Desiderio, Kaufman & Metz PC Defeats Fraudulent Signature Claim
  • After Discovering New Evidence in an Action to Discharge a Client’s Mortgage on the Eve of Trial, Desiderio, Kaufman & Metz, PC Succeeds in Obtaining Court Permission to Amend the Bank’s Answer and Assert New Defenses
  • Desiderio, Kaufman & Metz, PC Obtains Decisive Dismissal Victory for Upper West Side Co-op in a Construction Contract Dispute
  • Desiderio, Kaufman & Metz, PC Shuts Down Prior Partners’ Suit For Lost Profits in Record Time
  • Largest Settlement in New York History Secured for a Restaurant Opened Less Than Seven Months Ago
  • 4 Out of 8 Biggest Cases of 2011 Won by Our Attorneys
  • Tenants Fighting Back Against Illegal Airbnb Rentals Taking Over NYC Apartment Buildings
  • Dan Neiditch Was Paid $705K by Travel Group Tied to Short-Term Rental Scheme at Atelier Condo: Report
  • Joanna Peck spoke at the AIANY Women in Architecture Committee’s “The Forensics of Architecture: CSI of Buildings”
  • Inside the Luxury Condo Tower That New York Says Was a Hotbed of Illegal Airbnb Rentals
  • Andrew Jorges Speaks at Town Residential
  • Desiderio, Kaufman & Metz, PC Wins Judgment for Small NY Brokerage After Years-Long Court Battle
  • Management Matters: Colin Kaufman, Partner, Desiderio, Kaufman & Metz, PC
  • Q&A: Can Condo Boards Sue Developers for Construction Defects in New York?
  • Andrew Jorges Speaks at Douglas Elliman’s De Legal Series Panel
  • Massimo F. D’Angelo Speaks at the New York Women’s Bar Association on the Enforcement of Money Judgments and Related Issues in Civil Court
  • The Lawyer Who Investigated a Tourist Takeover of a NYC Condo
  • Rules Governing Anticipatory Repudiation of Contracts
  • The New World of Prescriptive Easement Cases
  • Negotiating RPAPL §881 License Agreements
  • TIC for tat: Court Moves the Goal Posts in Cotenancy Rules