LITIGATION PRACTICE

SAHN WARD & BAKER represents clients in all phases of civil litigation and dispute resolution in state and federal trial and appellate courts and mediation and arbitration before alternative dispute resolution tribunals, with primary emphasis on disputes involving real property matters, zoning, land use and planning matters, environmental matters and commercial and business transactions.

Litigation services include pre-action due diligence and investigation of claims and defenses, preparation of pleadings, pre-trial motion practice, all phases of discovery, including conducting and defending depositions, trial preparation, negotiating and structuring settlements and trials and appeals.

Our litigation client list features Fortune 500 companies, prominent regional businesses, government agencies and authorities and individuals. Representative clients of the litigation practice include Metropolitan Transportation Authority, The Great Atlantic & Pacific Tea Company, Inc., Warex Terminals Corporation, New York Community Bancorp, Inc., Dovenmuehle Mortgage, Inc. and Chasanoff Properties.

While each case is different, the following provides insight into the nature and complexity of litigation matters handled by Sahn Ward & Baker:

The dismissal of a $30 million claim brought by a commercial tenant against a landlord client for refusing to consent to the assignment of a lease of a 136,000 square foot manufacturing facility located in Nassau County. In the same litigation, the Firm also recovered $7 million in compensation for the landlord,including $450,000.00 in attorney’s fees.

The dismissal of a claim by the holder of a right of first refusal to purchase a $3.75 million private school and camp property located in Suffolk County, New York. The victory cleared the way for the Firm’s client to finalize the purchase of the property.

Representation of a property owner being sued for $15 million in damages for an alleged breach of a joint venture agreement to market and sell certain real property located in Nassau County.

Representation of a property owner in several actions against a municipality in Nassau County regarding the rezoning from an industrial-use classification to a residential-use classification of a 2.5 acre parcel of real property that is improved with a 25,000 square foot commercial building. The Firm is seeking an annulment of the rezoning based on the municipality’s failure to comply with the New York State Environmental Quality Review Act, or, alternatively, a $10 million damage award for the unconstitutional taking of the client’s property.

The dismissal of a $3.5 million claim brought by an insurer against one of the Firm’s clients for alleged insurance fraud.

Commercial landlord-tenant disputes on behalf of the Metropolitan Transportation Authority and the Long Island Rail Road in Queens, Nassau and Suffolk Counties.

Defense of the purchaser and current owner of a $10 million hotel property in New York City who has been sued by a creditor of a previous owner seeking to void the sale to the Firm’s client in order to use the property to satisfy a $6 million judgment against the previous owner of the property.

Successful representation of numerous property owners and developers in obtaining judicial reversals of denials of land use permits by local municipalities.

Representation of clients in environmental litigation commenced by the State of New York to recover clean-up costs for contaminated properties and in private actions against neighboring property owners and insurers to obtain property clean-ups and recover clean-up costs.