Commercial And Real Estate Litigation

Every year, the City and its agencies enter into an exceptionally broad array of contracts touching upon virtually every function of City government, ranging from contracts with private companies to build or repair bridges, water treatment plants, hospitals, courthouses, schools, and other parts of the City's infrastructure; to leases of important public properties, such as the South Street Seaport and the City airports; to contracts for goods and services, such as food for city prisons, school bus transportation and software development to support important City initiatives. Whenever litigation arises under one of these contracts, Commercial And Real Estate Litigation attorneys represent the public agencies involved. Such litigation may take the form of plenary actions in State or Federal Court, Article 78 proceedings or proceedings before the Contract Dispute Resolution Board.  The Division’s cases raise complex contractual, statutory, and/or Constitutional issues, and often seek many millions of dollars and/or to annul a critical governmental decision. Division attorneys are frequently confronted with analytical, investigative, and strategic challenges, novel legal questions, sophisticated accounting issues and intriguing facts.

The diversity of contract disputes that come to the Division is a product of the City government's wide-ranging activities, both in the procurement of all types of goods and services and in the fast-paced world of real estate development in all five boroughs. City agencies also lease millions of square feet of commercial real estate, both as landlord and tenant; they also issue licenses to operate restaurants and other facilities on City property. Interesting title disputes are another area handled by the Division's real estate litigators.  In addition to defending the City's interests, the Division also initiates proceedings and recovers substantial sums for the City. A Mortgage Foreclosure unit brings foreclosures in the event of default on City-issued mortgages and collects charges due the City in surplus proceedings and defensive lien foreclosure cases.

What Experienced Attorneys Do

Experienced litigators in the Commercial and Real Estate Litigation Division represent the City and related entities in commercial litigation matters, including those arising from dealings in real estate and property interests. Attorneys in the Division litigate complex commercial cases, including procurement and breach of contract disputes arising out of contracts for critically needed goods and services, challenges to important government initiatives, claims under multimillion-dollar construction contracts with private companies to build or repair the City's infrastructure, landlord-tenant disputes, quiet title and affirmative real estate matters (such as RPAPL 881 proceedings, quiet title actions, and encroachment and ejectments cases). Recent examples include: defending the City's multi-billion dollar healthcare procurement in state court Article 78 proceedings; defending challenges to the Brooklyn Marine Terminal and Queens Future casino redevelopment projects; litigating complex construction delay damages claims through discovery, summary judgment motions, settlement conferences, and trial; handling procurement litigation arising from contracts for shelter services, concession awards, and software (to name a few); and defeating damages claims by a holdover tenant in a week-long jury trial. Experienced attorneys in the Division also counsel City agencies regarding procurement issues, real estate issues, the contractual ADR process, and other matters. For example, attorneys advise on procurement reform and disputes that arise during transactions. Attorneys in the Division appear primarily in state court, but also litigate in federal courts and before administrative tribunals, such as the Contract Dispute Resolution Board. The Division seeks attorneys with experience in civil litigation, who also have strong research and writing skills.

What New Attorneys Do

Attorneys joining the Division as first-year Assistant Corporation Counsels are assigned a varied caseload, handling actions, with the supervision of more senior attorneys, from beginning to end (prior to bar admission, pursuant to a student practice order). New attorneys investigate underlying facts, gather information from clients, interview witnesses, conduct legal research, develop case strategy and legal theories, draft affidavits and memoranda of law for motions, attend court conferences, and argue motions in court. First-year ACCs may be assigned as the primary counsel on various types of matters spanning the full spectrum of the Division’s work.  They may also be assigned to a team, usually with one or more Senior Counsel, to handle complex construction or procurement-related cases. New attorneys gain valuable litigation experience, an in-depth knowledge of a diverse array of legal issues related to commercial and real estate litigation, and a unique understanding of how the City operates.

What Summer Interns Do

In the Commercial and Real Estate Litigation Division, Summer Honors Program interns work pursuant to a student practice order under the supervision of an attorney and defend public improvement lien foreclosure cases and a variety of breach of contract and real estate actions brought against the City and its constituent agencies and entities. Law students investigate underlying facts, prepare pleadings, draft discovery demands and responses, make and argue motions, and attend court conferences. Students also prepare discrete legal research memoranda, and have the opportunity to observe arguments, conferences, hearings, and/or trials and sit in at depositions and alternative dispute resolution proceedings.

View the Law Department's Annual Reports for More Information about the Commercial And Real Estate Litigation Division