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real estate: matters
Summary Professionals Matters Case Studies News Events Publications
Ongoing
Toll Brothers - Zoning Analysis
Representing Toll Brothers in connection with the zoning analysis of various New York City properties and development sites.
2013
Toll Brothers - Acquisition of Development Rights
Represented an affiliate of Toll Brothers City Living in the acquisition of development rights from a site on First Avenue between East 52nd Street and East 53rd Street in Manhattan.
2013
Bank of America, N.A. - $300 Million Syndicated Loan Transaction
Represented Bank of America as Administrative Agent and lender in a syndicated loan transaction to refinance a portfolio of office properties. 
2012
Developer - Acquisition of San Francisco Development Site
Represented a developer in connection with the acquisition of a commercial site in San Francisco, CA.  Our client intends to redevelop the property into residential apartments.
2012
Developer - $53 Million Refinance
Represented a developer in connection with the refinancing of two existing residential apartment buildings in Englewood, New Jersey.  The loan was provided by State Farm Life Insurance Company.  The transaction involved addressing the complex zoning approval history for the project.
Ongoing
Nomura America - Manhattan Office Leasing
Representation of investment bank Nomura America in office leasing matters throughout the U.S.
Ongoing
Brand Name Turkish Clothing Manufacturer - Corporate Advice
Representation of a clothing manufacturing company headquartered in Istanbul, Turkey with significant business operations in the U.S. regarding general corporate issues and real estate matters in the U.S.
2012
Phillip House, 141 E. 88th Street-Condominium Offering Plan
Representation of a client in the filing of a condominium offering plan with the Attorney General's office for sale of approximately $272 million.
2011/2012
RCR Management
Representation of RCR Management in numerous purchases of New York City apartment buildings.
2011/2012
Park Lane Management
Representation of a developer in the acquisition of a development site on Avenue D in Manhattan for a substantial residential development.
2012
Major Private Bank - Term Loan Facility
Representation of a major U.S. private bank in connection with a $17 million term loan facility secured by a Delaware trust’s equity interests in residential properties and economic interests in several investment funds.
Ongoing
Real Estate Developer - 1.5 Million Square-Foot Mixed-Use Project
Representation of an institutional real estate developer and owner in connection with the development of more than 1.5 million square feet of multifamily and commercial property on the west side of Manhattan; including negotiations with various government entities regarding the transfer of a significant amount of air rights to allow for the development. 
Ongoing
Online Marketing Company - National Leasing Matters
Representation of an online marketing company in connection with office lease agreeements in a number of U.S. states, including New York, Boston, Arizona, Virginia and Texas. 
2012
Real Estate Developer - St. Regis Hotel Refinancing
Represented an affiliate controlled by real estate developer David Reis in the refinancing of the St. Regis resort in Deer Valley, Utah.
2012
Woolworth Building Owners - Condominium Conversion and Sale
Represented the owners of the iconic Woolworth Building – a joint venture between Cammeby's International and The Witkoff Group – in the conversion of the building's top 30 floors to a condominium unit, and the $68 million sale of the unit to Alchemy Properties. 
2012
EU National Asset Manager - Hotel Loan Sales
Represented the $100 billion "bad bank" of an EU member state in the disposal of several large loans tied to U.S. hotels.
Ongoing
Insurance Company - Mortgage Financings
Representation of a major U.S. insurance company in numerous mortgage loans on various commercial properties in Manhattan, Westchester and Long Island.
Ongoing
U.S. Commercial Bank - Commercial Foreclosures and Workouts
Representation of a major U.S. commercial bank in workouts and foreclosures involving various commercial properties in New York and New Jersey.
Ongoing
Anglo Irish Bank - Commercial Foreclosures and Workouts
Representation of an Irish banking corporation in a variety of workouts and foreclosures involving commercial properties in New York, New Jersey, Illinois, Texas and Florida.
2012
Commercial Bank - $60 Million Construction Financing
Represented a commercial bank in a $60 million construction loan to finance the conversion of a historic hotel in Chicago to residential apartments.
2012
Land Owner - Refinance and Cross-Collateralization of Loans
Represented a developer in connection with the refinancing of an existing $10 million bridge loan on a development site in the Meatpacking District. The loan was cross-collateralized and cross-defaulted with existing debt of more than $30 million on adjacent properties owned by an affiliate of the borrower.
2012
Real Estate Owner - Key West Retail Center Acquisition
Represented a client in connection with the purchase of a $19 million retail center in Key West, Florida and $14 million of acquisition financing.
2012
Toll Brothers - Joint Venture Development of Brooklyn Bridge Park
We are representing Toll Brothers City Living, the urban development division of Toll Brothers, Inc. (NYSE: TOL), in its joint venture with Starwood Capital Group to develop a 550,000-square-foot luxury hotel and residential complex at Brooklyn Bridge Park. The new mixed-use community is slated to feature a 200-room "1 Hotel" as well as 159 waterfront residences. Ground-breaking for the project is anticipated to begin in the spring of 2013.
2012
RXR Realty – Office and Retail Leasing Matters
Representation of RXR Realty, one of the largest real estate operating and investment companies in the New York tri-state area, in office and retail leasing at the 2.3 million square-foot Starrett-Lehigh building, one of Manhattan's ten largest office buildings.  
Ongoing
Doral Bank - Warehouse Lines of Credit
Representation of Doral Bank in warehouse lines of credit to a number of mortgage originators, and financing facilities of up to $250 million to major private equity funds.
2012
Major Commercial Bank - Restructuring
Representation of a major U.S. commercial bank, as lender and agent in connection with a $33 million restructuring of several revolving credit and term loan facilities secured by 11 real properties located in New York.
2012
Major U.S. Commercial Bank - Syndicated Mortgage Loan
Representation of a major U.S. commercial bank, as agent and lender, in connection with a syndicated mortgage loan and amendment to an asset-based credit facility to increase the commitment to $100 million, admit new lenders and reallocate outstanding loans among lenders.
Ongoing
REIT - Real Estate Litigation
Representation of affiliate of a leading REIT in winning summary judgment: (a) in an adverse possession action brought by the owners of adjacent property; and (b) in a separate real estate breach-of-contract suit arising out of an agreement sell property in Manhattan.
2010
Real Estate Opportunity Fund - Enforcement of Guaranty
Representation of real estate opportunity fund in obtaining summary judgment in lieu of complaint against guarantors.
Ongoing
Steiner NYC - Zoning and Land Use Counsel
Representing Steiner NYC in connection with the zoning and land use analysis of various New York City development sites, including the site of a planned 52-story residential rental tower in Downtown Brooklyn.
2011
Clear Channel Outdoor - Department of Buildings
Advise Clear Channel Outdoor in several matters including oversight by the Department of Buildings regarding the outdoor billboard industry.
2012
PCCP Capital – $65M Mortgage Financing
We represented real estate private equity firm PCCP Capital in the origination of a $65M loan used for the acquisition and repositioning of Cassa Hotel, a 165-room luxury hotel property in New York City. 
2012
Major Foreign Commercial Bank - Acquisition and Construction Financing
Representation of a major foreign commercial bank in connection with the $65 million acquisition and construction financing for a retail/residential condominium development in lower Manhattan.
Ongoing
Large U.S. Financial Institution - Private Wealth Management Group Financings
Representation of the private wealth management group of one of the nation's largest financial institutions in connection with financings of up to $500 million to prominent individuals secured by various real estate and corporate assets.
Ongoing
Rite Aid - Real Estate Counsel
Representation of a national drug store chain in all New York real estate litigation.
2011
U.S. Commercial Bank - Acquisition and Sale
Representation of a major U.S. commercial bank in connection with its acquisition and subsequent sale of a $200 million interest in a syndicated mortgage loan secured by a major New York City office building and its substitution as agent for the lenders.
2011
Property Owner - Ownership Restructuring
We represented a property owner in connection with a complex ownership restructuring of a wine, spirits, and non-alcoholic beverage distribution center in South Carolina. We helped the property owner with corporate, real estate and tax issues regarding lease modifications, changes in ownership of limited liability companies, a mortgage refinancing and the option granted to affiliates of the tenant to purchase equity interests in the company that owns the facility. 
2011
Tricham Housing Associates - Sale
Representation of Tricham in the sale of a 179-unit affordable housing complex located in East Harlem, which was known for many years as Tricham Houses and was renamed East River Apartments by the buyer.
2011
RXR Realty - Closure Certification
Representation of RXR Realty in connection with obtaining a closure certification under the Resource Conservation and Recovery Act and state hazardous waste management regulations from the New York State Department of Environmental Conservation for successfully decommissioning and remediating a facility where hazardous waste had been generated and abandoned by a former tenant.
2011
Emmes Asset Management Company LLC - Acquisition
Representation of Emmes Asset Management in connection with the acquisition of a preferred equity interest in Waterside Plaza, a multi-family residential complex on the East River.
2011
Hersha Hospitality Trust - Union Square Hotel Acquisition
Representation of Hersha Hospitality Trust in connection with its $104 million purchase of the Hyatt Union Square Hotel.  
2011
Pension Fund - Mortgage Financings
Representation of a New York State pension fund in multiple commercial mortgage loans, including the financing of the fee and leasehold positions in two Manhattan Garment District office buildings.
2011
Real Estate Investment Firm - Business Divorce
Representation of a group of partners in negotiating and implementing the business separation of the principals of a real estate investment firm.
2011
International Professional Services Firm - Lease
Representation of a leading international professional services firm in connection with a lease for office space in a building under development in Summit, New Jersey.
2012
Sherwood Equities - High Line Acquisitions and Developments
Represented Sherwood Equities in connection with the acquisition of development sites at 508 West 20th Street and 360 Tenth Avenue, near the High Line Park. We also assisted Sherwood with the acquisition and sale of a significant amount of development rights; and the financing and development of the sites.
2011
Real Estate Investor - Note Acquisition
Representation of a real estate investor in connection with the acquisition of encumbering a distressed note purchase encumbering a parking facility in Nashville, Tennessee.
2011
Malkin Holdings - Empire State Building Mortgage Financing
We represented Malkin Holdings, ownership supervisor of the Empire State Building, in connection with a significant mortgage financing for the building. 
2011
New York Developer - Brownfield Redevelopment
Representation of a New York developer in redeveloping a large Brownfield site in the Bronx and negotiating the relevant transactions documents, including financing, joint venture and purchase option documents. Complex redevelopment issues made use of our government relations, land use and environmental departments.
2011
Major Private Bank - Refinancing
Representation of a major U.S. private bank in connection with the refinancing of a $200 million revolving credit facility secured by the equity interests of a prominent real estate family in 9 New York City office buildings.
2010
Anglo Irish Bank - 225 Rector Street
We helped Anglo Irish Bank Corporation in a complex foreclosure against a developer who became emblematic of the dramatic fall of some high-profile dealmakers during the New York City housing bust. 
2010
Planet Hollywood - New Restaurant Leases
Representation of Planet Hollywood International, Inc. in connection with the negotiation of leases for new restaurants in New York, Los Angeles and Boca Raton.
2010
Sabet Group - Condo Development Purchase
Representation of Sabet Group in the acquisition of numerous New York City apartment buildings, including the $8.5 million purchase of the stalled Hudson Blue condominium development in New York City's West Village.
2011
Blinds to Go - Acquisition
Representation of the U.S. subsidiary of Blinds to Go Inc., a Canadian corporation, in the purchase of property in Paramus, New Jersey.  Blinds to Go occupies a portion of the space at the property and this acquisition is part of its plan to expand its operations in the U.S.  The acquisition included the assumption of the seller's existing debt.
2010
The Hewitt School - Bond Financing
Representation of The Hewitt School in connection with the replacement of a letter of credit provided to the school as credit enhancement to bonds issued by the New York City Industrial Development Agency.
2010
Aristone Realty Capital  - Syndication Investment
Representation of Aristone Realty Capital in connection with a syndicated investment in debt secured by a distressed condominium development in New York City, and further financing to complete the project.  
Ongoing
Land Owner - NYC Boutique Hotel Development
Representation of a land owner in connection with the development of a boutique hotel in New York City's meatpacking district.  Our work includes the negotiation of financing, joint ventures, air rights transfers, hotel franchise and management agreements, and construction contracts for the planned 130,000 square foot hotel.
2010
FIT Investment Corporation - Manhattan Office Building Acquisition and Hotel Development
Representation of FIT Investment Corporation in connection with the zoning analysis and acquisition of 45 East 33rd Street in New York City. We are also advising FIT on its redevelopment of the building into a 93,000 square-foot hotel.
2010
Garrison Special Opportunities Fund - Loan Acquisition
Representation of Garrison Special Opportunities Fund LP in the acquisition from a large investment bank of senior mezzanine and first mortgage loans encumbering a property on Manhattan's Upper West Side. Our work included negotiating financing for the loans with a European bank, and handling the restructure of a junior mezzanine loan, a senior mezzanine loan and a mortgage loan with the owner.
2010
International Professional Services Firm - Regional Office Lease
Representation of a leading international professional services firm in connection with the lease of an important regional operating office located in Connecticut.
2010
Emmes Asset Management - Land Use and Zoning Matters
Representation of Emmes Asset Management, a leading real estate investment company and advisor, in connection with various land use and zoning matters for properties in the New York City area.
2010
Atlantic Yards Building Owners - Condemnation Compensation
Representation of a number of  former property owners in the Atlantic Yards section of Brooklyn, NY in connection with compensation issues stemming from the  Forest City/Ratner development.
2010
Brooklyn Building Owners - Loft Law Amendment
Representation of several loft owners in Bushwick, Brooklyn in connection with the passage of legislation amending New York City's loft law.
2010
WNET - World Wide Plaza Lease
Representation of public television network WNET on a 15-year, 95,000 square-foot headquarters lease at World Wide Plaza in Midtown Manhattan. 
2010
Hornbeck Offshore Services - Lease Agreement
Representation of Hornbeck Offshore Services in the negotiation and preparation of the lease agreement for the client's principal place of business in the New York Metropolitan Area, with waterway access to New York harbor.
2010
New World Acquisitions - Settlement Agreement
Representation of New World Acquisitions in the negotiation and documentation of the terms on which they and their venture partner would enter into a reciprocal support and plan settlement agreement with other third parties in the bankruptcy of Fremont General Corporation.
2010
Queens Rezoning Project
Representation of a site owner in connection with an application to up-zone a block containing a development site on Queens Boulevard. The approved rezoning permits the construction of a 12-story residential building and is a significant increase in density from what can currently be constructed on the site.
2010
Height Authorization for Senior Housing Building
Representation of The Arker Companies in connection with an application to construct an 11-story, 185-unit elderly housing complex in the Co-op City section of the Bronx.
2010
Bank Leumi - Mortgage Financing
Represented Bank Leumi in its $210 million mortgage financing to a joint venture between Israel-based IDB Holding Corp. and Midtown Holdings, for the purchase of the HSBC Tower located at 452 Fifth Avenue.  Completed in April 2010, the financing was part of a $350 million sale-leaseback transaction with HSBC Bank USA.  This transaction was notable, in that it was the first major non-distressed office building sale in Manhattan in more than two years.
2010
Stewart Title Guaranty Co. - New Jersey Supreme Court Victory
Representation of Stewart Title Guaranty Co. in its New Jersey Supreme Court victory limiting the scope of a title insurance company's liability for attorney misconduct. The homebuyers' attorney stole their escrow funds in conjunction with a real estate transaction.  The New Jersey Lawyers Fund For Client Protection paid the victims for the attorney's theft, and then sued Stewart Title for reimbursement, in keeping with NJLF's long-held belief that a title insurer's liability should blanket all aspects of the closing process. The attorney here, however, had stolen the money before he contacted Stewart Title's agent to request a title insurance commitment and policy on behalf of the homebuyers. The trial court dismissed NJLF's lawsuit, but the Appellate Division reversed, ruling that in order for Stewart Title to avoid liability, it would have had to provide the homebuyers with direct notice informing them that their title insurance policy did not cover attorney theft.  The Supreme Court unanimously reversed, ruling that the lack of notice was irrelevant, since the attorney was not acting as an agent of the title company at the time that he committed his crime.
2010
Private Equity Firm - Restructuring of Defaulted Loans
Representation of a private equity firm in the acquisition and restructuring of a mezzanine loan and a mortgage loan on a partially completed condominium project in Midtown Manhattan.
2010
REIT - Office Building Settlement
Representation of a major, publicly-owned REIT in obtaining a favorable settlement in a multi-million dollar litigation related to cleaning and maintenance services at four large office buildings in New York City. 
2010
Loan Servicer - Hotel Receiver Appointment
Representation of special servicer in procuring appointment of a receiver on behalf of a securitization trust for an operating hotel in the New York metropolitan area.  The receiver received broad powers under the order that Herrick crafted.  The order empowered the receiver to act in the owner's stead in making decisions for the hotel reserved to the owner under the hotel management agreement.  Even rarer, the receiver order empowered the receiver to sell the property prior to completion of the foreclosure under specified parameters.
2010
Distressed Debt Investor - Mezzanine Loan Foreclosure
Representation of a distressed debt investor in foreclosing and conducting UCC secured party sale of portfolio of mezzanine loans securing repo line of credit obligations.  One of the mezzanine loan borrowers sought to enjoin the sale; we defeated the TRO application and conducted the sale successfully over the borrower's objection.
2010
Institutional Lender - Stay Relief and Foreclosure
Representation of an institutional lender in obtaining relief from the automatic stay in bankruptcy over the objection of a borrower claiming a right to purchase the property at a discount to the total debt. After stay relief was granted and a foreclosure sale scheduled, the borrower obtained an injunction against the sale, using cash collateral without consent to obtain a bond. We removed the case to bankruptcy court, obtained forfeiture of the bond and dissolution of the injunction, completed the foreclosure sale, quashed the borrower's effort to depose the federal agency that had sold the loan to our client and obtained dismissal of the injunction action with prejudice.
2010
International Professional Services Firm - Lease Assignment
Representation of a leading international professional services firm in connection with the lease of a U.S. national shared service center.
2010
MF Global - Corporate Headquarters Lease
Representation of MF Global Inc. in connection with the negotiation of its new 62,000 square foot New York headquarters lease at the Park Avenue Plaza (55 East 52nd Street).
2010
Landmark Issues - Former Bank Branch Owner
Representation of the owners of a former bank branch in their attempts to lease the interior landmark space to a major national drugstore chain. Our attorneys and urban planning professionals worked with the chain and its architects in adjusting its national store design guidelines to meet with standards set by the New York City Landmarks Preservation Commission.
2010
Title Insurance Agency - Frivolous Claim Defense
Representation of a title insurance agency in a suit brought by a property seller. We won summary judgment and a dismissal of all claims. The court also ruled that the plaintiff had committed fraud in connection with the transaction, and imposed sanctions against him and his counsel, including attorney's fees, for frivolous litigation. 
2009
Sabet Group - Acquisition of Ten Manhattan Properties
We helped Sabet Group simultaneously acquire ten Manhattan apartment buildings known as the Norman Portfolio. During the final stage of the acquisition bid for the portfolio, we learned the other final bidder wanted the development rights appurtenant to three of the properties. We negotiated with the bidder to drop their final bid, in exchange for the sale of the development rights at the same time we acquired the portfolio for Sabet Group. We closed the entire deal approximately one week after Sabet won the bid.
2009
Citicorp el al. - General Growth Properties Inc.
Representation of Oakwood lender group in chapter 11 proceedings of diversified mall property operator (S.D.N.Y.)
2009
Youngwoo - AIG Headquarters Acquisition
Representation of Youngwoo & Associates in acquiring the AIG headquarters building at 70 Pine Street and an adjacent building in Manhattan. A joint venture that included investors in Korea funded the $150 million purchase price, which established a new floor for commercial property values downtown.
Ongoing
CPCR - Domino Sugar Redevelopment - Zoning and Land Use
Representation of CPCR, an affiliate of the Community Preservation Corporation, in the development of the sprawling 11.5-acre waterfront complex in Williamsburg, Brooklyn, that was formerly home to Domino Sugar. We advised CPCR on the site's rezoning, which will result in one of the largest residential redevelopment projects in the city.
2009
Quik Park - Garage Acquisition and Financing
Representation of Rafael Llopiz of Quik Park, one of New York's leading parking garage operators, in acquiring and financing the garage condominium unit in the 40 Mercer Street Condominium--a luxury condominium designed by Jean Nouvel, a winner of the Pritzker Architecture Prize.
2009
Anglo Irish Bank - Hotel Loan Modification
Representation of Anglo Irish Bank in connection with the modification of a leasehold mortgage on the Renaissance Chicago O'Hare Suites Hotel, a 362-room hotel owned by a joint venture between Tishman Hotel and the Commingled Pension Fund Trust (Special Situation Property) of JPMorgan Chase.
2009
Major Publicly-Owned REIT - Settlement
Representation of a major, publicly-owned REIT in reaching a favorable settlement with a prospective 400,000 square foot tenant of a proposed major office building, arising from the REIT's decision to suspend development due to condition of the local real estate market.
Ongoing
Apartment Corporation - Second Avenue Subway
Representation of a major apartment corporation in negotiating a complex transaction involving the work to the building necessitated by the Metropolitan Transportation Authority's condemnation of portions of the apartment corporation's property in anticipation of their construction of the Second Avenue subway.
2011
Real Estate Company - Workout
Representation of a major real estate owner-operator in work-out negotiations involving a series of construction loans with their first mortgage lender as well as several mezzanine lenders. This negotiation involves complicated inter-creditor issues, partnership funding issues and attorney general matters. It also requires attention to tax and 421(a) and other land use concerns.
Ongoing
Real Estate Company - Membership Interest Acquisition
Representation of a subsidiary of a major real estate developer in acquiring a minority interest in a limited liability company that owns and operates an underdeveloped property. The acquisition gives our client control over all decisions relating to the development of the property. Our client intends to redevelop the property in phases as moderate-income rental housing. 
Ongoing
Weston United Community Renewal - Pro Bono
Pro bono representation of not-for-profit Weston United Community Renewal. Weston United uses its owned and leased real estate to provide shelters, work-programs and low-income housing for more than 1000 homeless and mentally- and physically-challenged individuals in New York City. 
2009
Instinet Incorporated - Manhattan Office Lease
Representation of financial services company Instinet in connection with a lease for the company's new corporate headquarters at 1095 Avenue of the Americas – one of the largest leases of new space in 2009.
2009
Syska Hennessy - New U.S. Headquarters Lease
Representation of Syska Hennessy in a 15-year lease for its new 65,000 square foot U.S. headquarters at 1515 Broadway.
2009
Rechler Equity Partners - Gabreski Airport Site Lease
Representation of Rechler Equity Partners on all aspects of their 40-year renewable ground lease to redevelop Suffolk County’s 55-acre Gabreski Airport. This transaction involved creative problem-solving, including severing the ground lease into multiple leases to coordinate with Rechler’s development schedule. The 500,000 square-foot business and technology center will house digital film studios, a 145-room hotel and a conference center, and is expected to generate 600 to 700 new jobs.
2008
Cipriani - Rainbow Room Lease
Representation of the Cipriani family in their lease of the world famous Rainbow Room.
2009
Pension Fund - Mortgage Financing
Representation of a New York state pension fund in a multi-million dollar mortgage financing of 625 Madison Avenue in Manhattan.
2009
U.S. Commercial Bank - Mortgage Financing
Representation of a major U.S commercial bank in a mortgage loan transaction involving the acquisition and rehabilitation of a supportive housing complex for disabled individuals in Brooklyn.
2009
Kushner Companies – 666 Fifth Avenue Condominium Conversion
We represented an affiliate of the Kushner Companies in the conversion of 666 Fifth Avenue to two condominium units – one mixed office/retail, and one retail.  The conversion was the first step in a larger transaction involving the contribution of the $525 million retail condo unit to a joint venture between Kushner Companies, the Carlyle Group and Crown Acquisitions.  We helped negotiate the condominium declaration and bylaws between the joint venture partners, and between them and the existing lender, the mortgage loan's main servicer, and new lenders providing financing for the retail unit.   
2008
Cheshire Group - $109 Million Acquisition
Representation of the Cheshire Group in connection with its $109 million acquisition of 28 East 10th Street.
2008
Part of the Solution - Building Acquisition
Pro bono representation of Part of the Solution ("POTS") in the acquisition of a building adjacent to their Bronx headquarters. We helped negotiate the contract for purchase and the mortgage financing, which was provided by a not-for-profit entity specializing in loans to comparable borrowers. 
2008
Edison Tax Services - Acquisition Platform Structure and Joint Ventures
Representation of Edison Tax Services in structuring its acquisition platform and establishing joint ventures with local operators to acquire tax liens and develop foreclosed properties.
2009
Las Vegas Conference Center Real Estate Investors - Arbitration Victory
Representation of one of three investor groups in an existing five million square foot conference and exhibit center in Las Vegas in a seven-week, three-panel arbitration over each investor group's rights and ownership in the project. The panel found that all parties to the transaction, except Herrick's clients, had engaged in wrongful conduct. The conference center, at its completion, will cost more than $1 billion to build and is planned to expand to 12 million square feet.
2009
Samsung Corporation - Real Estate Development
Representation of Samsung Corporation of Korea, in connection with a mixed-use real estate development in the New York region. We worked closely with Samsung’s executive and due diligence team in negotiating the purchase and key documents, completing the due diligence and locating a local developer partner in the U.S.
Ongoing
New York Yankees - New Stadium Wireless Lease Agreements
Representation of the New York Yankees in their lease agreements with wireless carriers in the new Yankee stadium.
2009
342 East 72nd Street Corporation - Second Avenue Subway Entrance Relocation
Representation of 342 East 72nd Street Corporation in fighting the relocation of a new subway entrance. The original plans called for the entrance to be embedded in the basement of a building at the corner of 72nd Street and Second Avenue, but the MTA announced a new plan to move the entrance to the middle of the block on 72nd Street between First and Second Avenues—directly in front of residential buildings. Herrick is helping the local building owners fight this plan.
Ongoing
Real Estate Management Company - Tax Protection Dispute
Representation of a real estate management company in defending against a multi-million dollar claim that it breached a tax protection agreement with a property owner that contributed an office building to the partnership. The property owner claimed that the tax protection agreement was triggered by the real estate company's merger with another company.
2007-2008
Investment Bank - Ritz Carlton Resort Condominiums
Representation of an investment bank in senior construction financings of resort condominium projects branded by Ritz Carlton in Maui, Hawaii, Rancho Mirage, Philadelphia, and the Turks & Caicos Islands.
Ongoing
Investment Bank - Resort Financings
Representation of an investment bank in the pre-development financing of resort hotel projects in Rancho Mirage California, Bermuda and Rose Island, Bahamas.
Ongoing
Real Estate Developer - Hotel Management Agreements
Representation of a developer in negotiating hotel management agreements with respect to two properties on Fifth Avenue in Manhattan.
Ongoing
New York Foundling Hospital - Real Estate Transactions
Representation of the New York Foundling Hospital and its affiliates in various real estate transactions, including the creation of a commercial condominium.
Ongoing
BRT Realty Trust - Tennessee and Florida Residential Developments
Representation of BRT Realty Trust, a publicly traded REIT, in the financing and refinancing of a chain of residential developments in Tennessee and Florida owned and operated by Steven Green. The series of transactions is worth several hundred million dollars. Herrick has represented the Gould family and its related entities for over 50 years.
2008
Westbrook Partners, The Witkoff Group and Stellar Management - 405 Park Avenue
Representation of Westbrook Partners, The Witkoff Group and Stellar Management in the $205 million acquisition of 405 Park Avenue in Manhattan, and partnership interests in two Maryland Limited Partnerships that control an office building in Baltimore. We fired through the legal review and diligence of over 100 leases and prepared 30 lease abstracts in 24 hours, and completed the total legal diligence in just three days.
2008
Louis Vuitton/LVMH - New York Counsel
New York counsel to Louis Vuitton and LVMH in connection with their New York real estate transactions.
Ongoing
Bernstein Real Estate - Real Estate Counsel
Counsel to Bernstein Real Estate in a number of transactions, involving tax, structuring, acquisitions and sales.
Ongoing
Ruth’s Chris Steakhouse - Restaurant Leases
Representation of Ruth’s Chris Steakhouse, Inc. and its affiliates in the leasing of its restaurants and related transactions.
2008
Polo Ralph Lauren - Real Estate Lease
Representation of Polo Ralph Lauren Corporation in a 50,000 square foot office and showroom lease in Manhattan.
2008
Community Preservation Corporation - Domino Sugar Refinery Refinancing
Representation of The Community Preservation Corporation in the third tranche closing of a $120.2 million loan issued by Domino Mezz Holdings LLC and secured by a third mortgage on the 11.5-acre Domino sugar refinery site in Williamsburg, Brooklyn.
2008
Meecorp Capital Markets LLC - Building Acquisition
Representation of an affiliate of Meecorp in the acquisition of 1401 Feehanville Drive, Mount Prospect, IL, a single tenant office building occupied by ITT Educational Services. Financing was provided by Harris Bank, which we recommended to our client.
2008
Curtiss-Wright - Leases
Representation of Curtiss-Wright Corporation in lease negotiations with an affiliate of Lincoln Properties for Curtiss Wright’s new corporate headquarters in Parsippany, NJ. We also represented Curtiss Wright in negotiating a lease assignment to JH Cohn for its existing premises.
2008
Rosen Partners - Hotel Financing
Representation of Rosen Partners LLC and their partners, Jack, Larry, Michael and Jason Pomeranc of The Thompson Hotel Group, in a $37 million mortgage loan from EuroHypo AG, New York Branch. The proceeds were used to refinance a construction loan on 6 Columbus, an 88-room boutique hotel located at 6 Columbus Circle in Manhattan. We assisted our client in all aspects of the project's development, including construction, interim and permanent financing, litigation with various contractors, and the implementation of a hotel management agreement.
2008
Real Estate Joint Venture - $65 Million Long Island Acquisition
Representation of a joint venture between two major real estate companies in its $65 million acquisition and financing of a Long Island, New York office building. We structured the transaction as a purchase by tenants-in-common in order to take advantage of tenancy-in-common 1031 tax rules.
2008
Real Estate Company - Massive Residential Portfolio Acquisition and Financing
Representation of a major real estate investment and service company in its acquisition and financing of a five-state, 14-property portfolio of residential rental and condominium apartment complexes involving complex real estate, zoning, tax, insurance, litigation and corporate structuring issues. The portfolio was financed through 14 first mortgage loans and 12 mezzanine loans, culminating in a four-day closing.
2008
Developer - $58 Million Brooklyn Condo Project
Representation of a condominium developer in crafting and filing the offering plans for a $58 million, 93-unit project in Greenpoint, Brooklyn.
2008
Commercial Bank - $61 Million Financing
Representation of a commercial bank in connection with a $60.7 million ground lease financing and an $11 million letter of credit The borrower plans to use the funds to rehabilitate a Madison Avenue commercial property.
2008
Treetop Development - Residential Complex Purchase
Representation of Treetop Development in the purchase and financing (with two different lenders) of an eight-building, 244-unit apartment complex in Newark, New Jersey.
2008
Boutique Hotel Group - Land Use Approvals
Representation of a luxury boutique hotel group in obtaining land use approvals for the construction of a hotel on New York's Lower East Side, and regulatory approval for a hotel on Thompson Street, Manhattan.
2008
Marathon Real Estate Opportunity Fund - Sophisticated Transactions
Representation of Marathon Real Estate Opportunity Fund in connection with a number of extremely sophisticated transactions including domestic and international joint ventures and strategic partnerships, acquisition of hotel properties, construction and development of Marriott branded hotels, Florida condominiums and documiniums, acquisition of office complexes in Paris, and the acquisition of one of the largest NYC parking owner/operators.
2008
Roberta Flack - Harlem Development
Representation of renowned vocalist Roberta Flack in her development of real estate in Harlem, New York.
2008
R.I. Island House LLC v. North Town Phase II Houses, Inc. - Mitchell Lama Contract Dispute
Representation of a major developer in enforcing a $100 million contract to sell a Mitchell Lama project on Roosevelt Island, New York. The trial court dismissed our complaint, but the Second Department, relying on our legal arguments, reversed the lower court and permitted the claim for specific performance to move forward. (R.I. Island House LLC v. North Town Phase II Houses, Inc. (2nd Dep't, May 2008)).
2008
Lightstone Group - Prime Outlets Center Refinance
Representation of the Lightstone Group in an $80 million refinancing of a Prime Outlets center in Puerto Rico. The loan includes funds for expansion of the center.
2008
Clean Harbors Environmental Services, Inc. - Eminent Domain Dispute
Representation of Clean Harbors Environmental Services, Inc. in the Township of Logan, NJ, in its effort to remove an extensive area of its waterfront property from the township's redevelopment plan. The plan posed a threat of eminent domain proceedings by a third party. The owner is no longer burdened by that threat and can now sell or develop this property.
2008
Harrison Eagle/Promonta Realty - Condemnation Dispute
Representation of Harrison Eagle LLP and Promonta Realty Corp. in obtaining reversal and remand of a trial court's condemnation judgment against them. Our clients own property in the town of Harrison, NJ. In 1997, the town designated an area in Harrison, including our clients' properties, as "in need of redevelopment," and in 2006 the redevelopment agency sued to condemn them. In 2007, the trial court ruled that our clients' defenses in the condemnation action were time-barred because they had not filed a timely action in lieu of prerogative writs under New Jersey Court Rule 4:69-6 (which generally requires that such an action be filed within 45 days of the governmental action being challenged) after the Town's governing body had designated their properties for redevelopment in 1997. In February 2008, the Superior Court of New Jersey, Appellate Division, reversed and remanded, ruling that our clients had been deprived of constitutionally adequate notice and an opportunity to be heard regarding the blight designation, and should therefore be entitled to assert the invalidity of the town's 1997 blight determination as a defense to the agency's condemnation action.
2008
The Witkoff Group - Sale of Excess Development Rights
Representation of The Witkoff Group and its partners in the sale of excess development rights appurtenant to 22 Park Place and 21 Barclay Street.
2008
Onyx Equities, LLC - Portfolio Refinance
Representation of Onyx Equities, LLC in a multi-million dollar mortgage loan to refinance a portfolio of 11 properties in New York, New Jersey, Pennsylvania and Florida, which were acquired with mezzanine debt.
2007
Marathon Quik Park - Joint Venture
Representation of Marathon Quik Park, one of New York's leading parking operators, in connection with a joint venture with a major rental apartment developer for the construction of a mixed-use garage and residential development in New York's garment district.
2007
Developer - Complicated Loan Acquisition
Representation of a major New York developer in its acquisition of a senior mezzanine loan and a junior mezzanine loan secured by pledges of the direct and indirect equity interests in the owner of a Manhattan commercial building. The transaction also involved negotiating an intercreditor agreement with the existing mortgage lender, amending the existing mortgage loan and mezzanine loans, and negotiating a related joint venture agreement.
2007
Lehman Brothers Real Estate Partners - Summerfield Suites/Bradford Suites
Representation of Lehman Brothers Real Estate Partners in connection with its sale of six Summerfield Suites hotels and its interest in the Summerfield Suites franchise brand, as well as its acquisition and financing of nine (and subsequent sale of three) Bradford Suites hotels.
Ongoing
CPCR - Domino Sugar Redevelopment - Acquisition, Financing and Development
Representation of The Community Preservation Corporation and its affiliates in connection with the acquisition, financing and development of the sprawling 11.5-acre waterfront complex in Williamsburg, Brooklyn, that was formerly home to Domino Sugar.
2007
Youngwoo & Associates - Condo Development With In-Apartment Parking
Representation of Youngwoo & Associates LLC in developing a unique residential condominium building in New York's West Chelsea neighborhood, which features full-floor units with a parking facility for a car at each level. We advised on the land acquisition, construction financing and zoning issues.
2007
Real Estate Board of New York - Mitchell-Lama Litigation
Representation of the Real Estate Board of New York in its successful lawsuit against the New York City Council to overturn Local Law 79. The law required owners of Mitchell-Lama housing and housing subsidized by certain federal programs to give a right of first refusal to purchase their projects to tenants, pursuant to an ambiguous and burdensome process. The Court found that the law was preempted by federal and state housing laws, and enjoined the City from enforcing it.
2007
Marathon/Reckson Executive Joint Venture - SL Green/Reckson Merger
Representation of a joint venture between Marathon Real Estate Opportunity Fund and senior Reckson executives in six separate transactions in the multi-billion dollar merger between SL Green and Reckson Associates Realty Corp., including an asset acquisition, the formation of a joint venture, two acquisition financings, an asset sale, and a mezzanine financing.
2007
Investment Bank - Resort Financing
Representation of an investment bank in providing senior acquisition financing for a beachfront resort in Bermuda and resort hotel in Santa Fe, New Mexico.
2007
Iqbal v. Five M. LLC - Finger Building Dispute
Representation of Iqbal LLC in a hard-fought and much-publicized battle between developers over the controversial "Finger Building" in Williamsburg, Brooklyn. Herrick won a decisive victory, forcing the defendants to reduce the size of their proposed building by six stories in height -- a major victory that tipped the balance in that litigation. (Iqbal v. Five M. LLC (Slip Op. Kings Co. 2007))
2007
Creative Kids Enrichment, LLC v. Yorktown Office Warehouse, LLC - Lease Dispute
Representation of a commercial tenant in an action against its landlord seeking damages for the landlord’s failure to comply with a lease provision requiring completion of the building by a date certain. Herrick successfully prosecuted the litigation, and defended and argued an appeal, with the client ultimately winning both that appeal and the trial seeking lost profits and other extensive damages. (Creative Kids Enrichment, LLC v. Yorktown Office Warehouse, LLC, 838 N.Y.S.2d 149 (2nd Dep’t 2007))
2007
Hersha Hospitality Trust - Holiday Inn Express
Representation of Hersha Hospitality Trust in connection with a ground lease and mezzanine financing for a Holiday Inn Express to be located on West 29th Street in Manhattan, and operated in a joint venture with hotel developer, Sam Chang.
2007
Real Estate Developer - $217.5 Million Condo Project
Representation of a real estate developer in filing the offering plans for a $217.5 million, 266-unit condominium development project in Greenwich, Connecticut.
2007
Artimus Construction - Acquisition/Sale
Representation of Artimus Construction in the acquisition of vacant land from a Harlem church for the development of 161 condominium units and a for-profit parking garage in exchange for building and selling back to the church a sanctuary and income producing apartments.
2007
AEW Capital Management, L.P. - Refinance
Representation of AEW Capital Management, L.P. in an multi-million dollar Fannie Mae mortgage refinancing of a mortgage loan for The Brookside—a 149-unit senior housing campus consisting of 130 assisted living units and 19 Alzheimer's/memory care units in Freehold, NJ. We produced a legal opinion required by Fannie Mae regarding licensing, permits and special zoning specific to the senior housing project in a short timeframe.
2007
Garrison Investment Group - Condominium Conversion Project
Representation of Garrison in structuring a $50 million club deal for the re-financing of an Upper West Side condominium conversion project.
2007
American Heritage Communities, Inc. - Assisted Living Facility
Representation of American Heritage Communities as borrower on a term and construction loan facility in connection with the development of an assisted living facility in Reading, PA.
2007
The Patriot Group - Acquisition and Pre-Development Loan
Representation of The Patriot Group in an acquisition and pre-development loan to an entity acquiring a rent regulated apartment building at 344 West 14th Street in Manhattan. The borrower intends to deregulate the property and convert the first two floors for retail use.
2007
Garrison Special Opportunities Fund - Mezzanine Loan Purchase
Representation of Garrison Special Opportunities Fund in their purchase of a $31.5 million mezzanine loan from a large investment bank.  The loan is cross-collateralized and cross-defaulted by 100% of the membership interests in four mortgage borrowers, each owning a commercial office building in Reston, VA.
2007
Sleepy Hudson LLC - Complex Financing Arrangement
Representation of Sleepy Hudson LLC in a multi-million dollar financing arrangement with Links Capital Partners LLC. The financing arrangement included a residential loan on a portfolio of properties, owned by Sleepy Hudson's principals, in New York, Florida and Nevada. The transaction required complex tax and corporate structuring.
2007
The Hersha Group - Multi-Million Dollar Construction Loan
Representation of the Hersha Group in a multi-million dollar construction loan from Anglo Irish Bank Corporation. The loan was used to acquire and design the interior of a hotel unit in a condominium in Brooklyn.
2007
Lightstone Group - Shopping Center Finance
Representation of the Lightstone Group in an almost $58 million acquisition and construction loan for a shopping center development adjacent to a Prime Outlets center in Williamsburg, VA.
2007
World-Wide Group - Acquisition/Financing/Lease
Representation of World-Wide Group in the acquisition and financing of 209-217 East 63rd Street in New York City from Manhattan Eye, Ear and Throat Hospital ("MEETH"). The hospital was subdivided into separate tax lots, and World Wide purchased the MEETH annex on 63rd Street and Third Avenue. The acquisition was financed by a $36 million mortgage loan from Helaba. Concurrent with the acquisition, we represented World Wide in a lease with The New York City School Construction Authority, which was then assigned to the Board of Education of the City of New York.  The property will be developed by World-Wide as a temporary facility for the public schools that will be demolished and rebuilt by World-Wide in their ongoing project on 57th Street. 
2007
Pantheon Properties - Printing and Warehouse Facility Acquisition and Lease
Representation of Pantheon Properties in the acquisition of a printing and warehouse facility in Brunswick, NJ, from Vertis, Inc. We also negotiated the terms of three lease agreements whereby Vertis net-leased the property from our client for varying terms.
2007
Commercial Bank - Credit Facility
Representation of a leading commercial bank as the sole lender in a senior secured term credit facility to an investment manager of three real estate opportunity funds. The transaction required amending a previous facility to coordinate the payments, conditions and covenants of the two facilities.
2007
TD Banknorth - Acquisition and Construction Loan
Representation of TD Banknorth in a loan for the acquisition of two office buildings in East Orange, NJ, and for certain improvements to, and construction costs for, the properties. 
2007
Wachovia Bank - Contaminated Site Acquisition
Representation of Wachovia Bank in its purchase of property on Heller Parkway in Newark from a major oil company. The site is a former gas station and required an extensive environmental analysis by the bank's environmental consultant and Herrick.
2007
M&T Bank - Technology Center Refinancing
Representation of M&T Bank in a multi-million dollar loan to two affiliate tenants in common to refinance a technology center, in Clifton, NJ, and to provide a line of credit for potential construction of tenant improvements.
2007
Gottesman Real Estate Advisors - Industrial Facility Acquisition
Representation of Gottesman Real Estate Advisors in its acquisition of a 200,000 square foot industrial facility in Parsippany, NJ.
2007
New Jersey Developer - Mixed-Use Development
Representation of the owner of a 67-acre development site in Wood-Ridge, New Jersey. The development is projected to include single-family homes, townhouses, condominium units, apartments and mixed-use retail.
2007
Bergman Realty - Office Acquisition
Representation of Bergman Realty, one of New Jersey's leading real estate companies, in the acquisition of a lender's 80% interest in an office building complex totaling 167,000 square feet in Whippany, NJ. The buildings are valued at $25 million.
2007
M&T Bank - Nursing Home Financing
Representation of a M&T Bank in a multi-million dollar acquisition loan to a nursing home in Glen Cove, NY.
2007
M&T Bank - Industrial Facility Acquisition Finance
Representation of M&T Bank in a multi-million dollar acquisition loan for the purchase of an industrial facility in Norristown, Pennsylvania.
2006
Condominium Developer - Construction Financing
Representation of one of Florida’s largest condominium developers in a $300 million construction loan facility for eight condominium projects together with a corporate restructuring and a simultaneous $90 million buyout of a major joint venture partner.
2006
Nathan Berman/Downtown Holdings - Helaba Construction Loan
Representation of a joint venture between Nathan Berman and Downtown Holdings LLC in an $88 million construction loan from Helaba.
2006
Urgo Hotels - Residence Inn - Inner Harbor Sale
Representation of Urgo Hotels, a global specialist in developing and managing hospitality properties, in connection with its sale of the Residence Inn-Inner Harbor in Baltimore, Maryland. We also represented Urgo in the sale of the Hilton Garden Inn in Washington, D.C.
2006
Euristates - Boston Development Joint Venture
Representation of Euristates, Inc. in connection with its joint venture with a Boston developer for construction of a residential condominium complex. We also represented the joint venture in connection with construction financing for the project.
2006
Real Estate Joint Venture - $161.5 Million Long Island Acquisition
Representation of a joint venture between two major real estate companies in its $161.5 million acquisition and financing of two Long Island, New York office buildings.
2006
Investment Bank - Costa Rica Resort
Representation of a large investment bank in connection with debt and equity investments made with respect to a resort, including golf course, to be constructed on the Pacific coast of Costa Rica.
2006
The Witkoff Group - Random House HQ
Representation of The Witkoff Group in its purchase of the Random House headquarters at 1745 Broadway and in the closing of $340 million in loans.
2006
New York Yankees - New Stadium Financing
Representation of the Yankees in the issuance of $960 million of municipal tax-free and taxable bonds by the New York City Industrial Development Agency, which will finance the lease of the site and construction of a new, state-of-the-art stadium. We leveraged the firm's broad expertise in real estate, construction, corporate and tax disciplines to complete this innovative financing structure.
2006
World-Wide Group - Condo Construction Financing
Representation of World-Wide Group in a $180 million construction loan and mezzanine financing by Helaba and Bank of America for World Wide's construction of a high-rise condominium on East 74th Street and Second Avenue. We also represented World Wide in its acquisition of six neighboring properties and adjoining development rights to create the assemblage, which also included inclusionary housing and 421-a credits.
2006
Real Estate Developer - $171.8 Million Condo Project
Representation of a real estate developer in filing the offering plans for a $171.8 million, 130-unit condominium development project in Greenwich, Connecticut.
2006
Nathan Berman/Downtown Holdings - Financing
Representation of a joint venture in securing $265.5 million in Liberty Bonds and mezzanine financing to repay existing debt and to convert to residential use the top 41 floors of 20 Exchange Place, an 800,000 square foot, 57-story landmark building in the Financial District. This transaction was designated as one of the Most Ingenious Deals of the Year in 2006 by the Real Estate Board of New York. 
2005
Nathan Berman/Downtown Holdings - Complicated $143.8 Million Liberty Bond Transaction
Representation of the joint venture between Nathan Berman and Downtown Holdings LLC in refinancing the $143.8 million in tax and tax-free liberty bonds with new liberty bonds issued by HDC. Helaba also replaced HSBC as the project’s senior credit facility provider. We also represented the joint venture in a mezzanine loan by Bank of America, TriSail Capital Corporation and Residential Mezzanine Fund, LLC, which was refinanced a few months later with a mezzanine loan by an affiliate of Archstone.
2005
Real Estate Joint Venture - $315 Million Long Island Portfolio Acquisition
Representation of a joint venture between two major real estate companies in its $315 million acquisition and financing of a 43-property portfolio of office and commercial buildings in Long Island, New York. We structured the transaction as a purchase by tenants-in-common in order to take advantage of tenancy-in-common 1031 tax rules.
1998 - 2005
Community Preservation Corporation - Parkchester Condominium
Representation of a joint venture between affiliates of The Community Preservation Corporation, Morton Olshan of Mall Properties Inc., and Jeremiah O'Connor of The O'Connor Group, in the complete renovation and rehabilitation of the 12,271 unit/171 building Parkchester condominium in the Bronx, New York, including the acquisition and financing of 6,361 unsold residential condominium units, 500,000 square feet of retail and commercial space, and five parking garages. Our work included government relations, land use, real estate and tax advice. The project required the cooperation of our clients, utility companies, state and city politicians, religious leaders and local residents, and included the passage of special legislation.
2005
Boymelgreen Developers - Office-to-Condo Conversion
Representation of Boymelgreen Developers in its conversion of an office building in downtown Manhattan to a 409-unit residential condominium, and its subsequent $430 million offering.
2005
Real Estate Developer - Mixed Use Conversion
Successful representation of a developer in litigation over its right to convert a building it purchased from office/retail use to mixed office/retail and residential use.
2005
Mizuho Corporate Bank - $1 Billion Mortgage Refinance
Representation of Mizuho Corporate Bank Ltd., largest bank in Japan, in a complex refinancing of approximately $1 billion in mortgage debt encumbering 650 Madison Avenue and 150 East 42nd Street (the Mobil Building) in New York, and 20 North Clark Street in Chicago.
2005
Developer - Construction Litigation
Representation of a developer in a multiparty litigation involving alleged construction defects resulting from the conversion of a 17-story refrigerated building into a condominium property.  Herrick replaced prior counsel, and was able to quickly settle lawsuits that had been pending in both federal and state court in New York for over a year.
2005
Real Estate Company - DHD Windows & Doors Leveraged Buyout
Representation of a privately held real estate company in a leveraged buyout of the exclusive distributor in the Northeastern United States of one of the country’s largest window and door manufacturers, including negotiation of the acquisition financing and the acquisition of real property for its new corporate headquarters.
2004
Nathan Berman/Downtown Holdings LLC - 67 Wall Street
Representation of a joint venture between Nathan Berman and Downtown Holdings LLC in its purchase of 67 Wall Street and a $50 million loan from Corus Bank. We also represented the joint venture in obtaining historic tax credits allocable to 67 Wall Street by entering into a Historic Tax Credit Pass Through Agreement with Chevron TCI Inc. and, among other things, a related master lease and a master sublease.
2004
Nathan Berman/Downtown Holdings - 20 Exchange Place
Representation of a joint venture between Nathan Berman and Downtown Holdings LLC in its purchase of 20 Exchange Place and a $90 million senior loan from Column Financial, a $25 million senior mezzanine loan from SLG 20 Exchange Funding LLC and a $20 million junior mezzanine loan from The Prudential Insurance Company of America.
2004
Nathan Berman/Downtown Holdings - $20 Million Mezzanine Loan
Representation of the joint venture between Nathan Berman and Downtown Holdings LLC in a $20 million mezzanine loan from Fleet National Bank and Residential Mezzanine Fund, LLC.
2004
Boymelgreen - Billion Dollar Miami Development
Representation of Shaya Boymelgreen and Africa-Israel in their acquisition of 18 properties for a billion-dollar development in Miami, Florida.
2004
Reckson Strategic Venture Partners - Student Housing
Representation of Reckson Strategic Venture Partners, LLC in connection with the spin-off of its student housing business into, and $220 million initial public offering by, American Campus Communities, Inc. We also represented RSVP in connection with its acquisition of 100% of the equity interests in a preeminent real estate development company that develops "oasis" providing food, fuel and rest facilities along major highways.
2003
Nathan Berman/International Investor - 63 Wall Street Acquisition
Representation of a joint venture between Nathan Berman and an international investor in its purchase of 63 Wall Street and a $70 million acquisition and construction loan from Corus Bank. We also represented the joint venture in obtaining historic tax credits allocable to 63 Wall Street by entering into a Historic Tax Credit Pass Through Agreement with Chevron TCI Inc. and, among other things, a related master lease and a master sublease.
2003
Nathan Berman/International Investor - $143.8 Million Liberty Bond Acquisition
Representation of a joint venture between Nathan Berman and an international investor in acquiring $143,800,000 of tax and tax-free liberty bonds issued by the New York City Housing Development Corporation. In connection with the purchase of the liberty bonds, HDC provided a mortgage loan and construction financing, which was assigned as a senior credit facility to HSBC.
2002
HQ Global Workplaces - Formation
Representation of HQ Global Workplaces, a flexible office suite company, in its formation by an alliance between Reckson Realty Associates Corp., Frontline Capital Group and affiliates of Halpern Realty. HQ Global Workplaces grew from six executive office centers to one of the largest flexible executive office suite companies in the world.
2002
Reckson Associates Realty Corp. - Telecommunications Agreements
Representation of Reckson Associates Realty Corp., a real estate investment trust, in the alliance between Reckson Realty Corp. and OnSite Access, Inc. to provide building centric telecommunications systems to premier properties.
2001
Real Estate Joint Venture - $380 Million Multi-State Acquisition
Representation of a joint venture between two major real estate companies in its $380 million acquisition and financing of 52 apartment complexes in 14 states.
2001
FrontLine Capital - Vantas/HQ Global Merger
Representation of FrontLine Capital in connection with the merger of Vantas and HQ Global Workplaces into a billion-dollar executive office suite company.
2001
Nihon Sangyo Kabushiki Kaisha v. Nakahara - Empire State Building Battle
Representation of Hideki Yokoi, a famous Japanese billionaire, in the celebrated battle for control of the Empire State Building. The tycoon sued his daughter, Kiiko Nakahara, and her husband, accusing the couple of improperly taking ownership and control of nine chateaux in France, four castles in Great Britain, Oheka Castle on Long Island, and the Empire State Building. The case was the subject of a front-page expose in The Wall Street Journal and is chronicled extensively in Mitchell Pacelle's book, Empire; A Tale Of Obsession, Betrayal And The Battle For An American Icon, Wiley, 2001.
1999
Lender and Loan Servicer - Liability Action Defense
Representation of a lender and loan servicer in winning dismissal of lender liability actions. John Street Leasehold, LLC v. Capital Management Resources, 142 F.Supp.2d 527 (S.D.N.Y. 2001); John Street Leasehold LLC v. FDIC, 196 F.3d 379 (2d Cir. 1999).
1998
Real Estate Purchaser - Appeal in Recharacterization Dispute
Representation of a sale-leaseback purchaser of real estate in a dispute over the bankrupt seller's attempt to recharacterize the transaction as a disguised financing. In re Uni-Rty, 1998 WL 299941 (S.D.N.Y. 1998).