Commercial Litigation
Berg & David has quickly established an excellent reputation for handling high stake complex commercial litigation matters on behalf of its clients in an aggressive, efficient, and results-driven manner.
Berg & David represents its clients in New York State and Federal Courts at all levels and before administrative boards, government agencies, and alternative dispute tribunals. Berg & David handles all aspects of litigation work, from the initial filing of a complaint to the ultimate prosecution or defense of an appeal, and all discovery, motion practice, and trial work that takes place in between.
Berg & David’s litigation practice is diverse and covers an array of areas including representation of real estate developers and other real estate professionals in all aspects of real estate-related litigation.
Having operated for years and with many satisfied customers, Berg & David has successfully represented its clients in the following litigation areas:
- Representation of condominium sponsors and board in disputes regarding construction of condominium buildings
- Representation of borrowers, lenders and guarantors in disputes regarding loans and defaults under loan terms
- Litigation against banks for breach of commitment agreements
- Quite title action
- Actions for specific performance of real estate contracts
- Action for the return of real estate contract deposits
- Legal and professional malpractice actions
- Actions to discharge/foreclose mechanic’s liens
- Nuisance and trespass to real property actions
- Commercial collections actions
- Breach of fiduciary duties
- Breach of joint venture agreements
- Tortious interference actions
- Property damage actions
- Products liability
- Breach of Contract
- Personal Injury
- Real property title disputes
- Fraudulent conveyance/ Debtor-creditor actions
- Insurance coverage disputes
- Yellowstone injunctions/ Commercial landlord-tenant disputes
- Defamation
- Construction defects
- Real estate broker commission disputes
- Corporate dissolution proceedings
- Proceedings to confirm/vacate arbitration award
Quiet Titles- Successfully Discharged Mortgages Off Record Based On Statute Of Limitations Of Set Mortgages
Berg & David have successfully discharged
What Is Quite Title Action?
When dealing with commercial property, having a clear title can be crucial in the state of New York. Minimal issues with the title can complicate, or even halt real estate property transaction such as sales, acquisitions, and refinances. Serious problems with the property title can also pose to be a challenge, as it may prevent you from insuring your investment.
The state of New York offers a solution that can help guarantee a clear title on a property, known as quiet title action. This is a formal action where a plaintiff, often an individual looking to claim a property, gives notice to other potentially interested parties via a formal complaint. Other parties can then proceed to make their own claims in court. A final judgement is then given, where all issues are resolved and ownership is clearly established. The conclusion of these proceedings also applies to those who did not come forward with a claim.
Judgements where other potentially interested parties fail to appear occur frequently, and this can be especially true when the conflict deals with an older title defect. The judgement serves to establish a conclusive title and protects you from any potential future claims.
Conflicts with property ownership can arise if a party asserts that a sale was improper or a claim was made fraudulently. Parties may also seek to resolve disputes over old easements or acquire real estate via a judicial sale, after a foreclosure. This is where quiet action titles can be useful, as this can help resolve real estate property conflicts and protect invested parties.
Quiet title actions can be complex procedures that require the expertise of seasoned attorneys, as they require great attention to detail and overlooking even the smallest detail could impact your quiet title action claim. The expert legal counsel at Berg & David has years of experience dealing with quiet title action claims, and we can help guide you to a desirable outcome.
Contact Berg & David today to (718) 989-1392 schedule an initial consultation with a seasoned commercial attorney.