Shopping Center Developers
Brookfield Properties: The second-largest shopping mall operator in the United States after its merger with GGP Inc. in 2018, Brookfield Properties is a global real estate services company that, among other things, develops and manages premiere real estate.
Simon Property Group: An Indiana headquartered S&P 100 company and leader in the global retail real estate industry with ownership interests in over 300 retail real estate properties in North America and Asia and more than 5,000 employees.
Tanger Factory Outlet Centers: Nationwide company with 30 years of success in the outlet shopping center industry and a portfolio of 43 shopping outlet malls and more than 400 brand name factory outlet stores in 26 states in the U.S. and in Canada.
GGP (formerly General Growth Properties, now part of Brookfield): A Chicago headquartered S&P 500 retail real estate company focused exclusively on owning, managing, leasing, and redeveloping high-quality retail properties throughout the United States.
The Taubman Company: Headquartered in Michigan, Taubman owns, manages and/or leases dozens of regional, super-regional and outlet shopping centers in the U.S. and Asia.
The Macerich Company: Publicly traded real estate investment trust and third-largest owner and operator of shopping centers in the United States.
The Pyramid Companies: Pyramid is the largest privately-owned shopping mall developer in the Northeast, owning, leasing, and operating 15 properties in New York and Massachusetts.
Regency Centers: Regency Centers Corporation is a publicly traded real estate investment trust (REIT) based in Jacksonville, Florida and is one of the largest operators of grocery-anchored shopping centers.
COMMERCIAL LITIGATION
Successfully obtained from the New York State Supreme Court, Commercial Division (NY County), a Yellowstone Injunction for Pete's Tavern - one of New York City's oldest and continuously operated taverns - thereby preserving its long-term lease from termination.
Represented real estate owner and NYC retailer in connection with numerous Mechanic's Liens associated with multiple construction projects and filed by general contractor and numerous sub-contractors and materials suppliers against several parties as well as in connection with a related foreclosure action.
Represented private U.S. citizens in their Federal Court action against a major foreign airline for, among other things, damages stemming from such airline's alleged breach of its conditions of carriage.
Represented business entities in commercial litigation involving disputes concerning leases, contracts, promissory notes, other secured and unsecured loan agreements and personal guarantees.
Advised clients involved in high-stakes commercial mediation before JAMS.
Represented commercial clients in obtaining Judgments by Confession as against defaulting contract counter-parties.
Represented a client which owns and manages more than 2,000 residential units in New York City and the surrounding areas in its various landlord-tenant disputes.
New York Supreme Court (NY County) Judge granted our clients' motion within days of case commencement. Shortly thereafter (3 weeks later), the parties settled on mutually agreeable terms. Supreme Court of the State of New York (New York County): Finnegan, et. al. v. MVG Properties, LLC, et. al.
New York Supreme Court (Kings County) Judge granted our clients' motion on July 7th. Days later, the matter was resolved on terms acceptable to our clients; under written settlement agreement, Defendants returned every penny of the tens-of thousands of dollars they stole. Supreme Court of the State of New York (County of Kings): Gerovich, et. al. v. Pelofsky, et. al.
Represented nominated executor under Last Will and Testament in contested probate proceedings pending in N.Y. State Surrogate's Court.
Defended property owner in personal injury and premises liability action brought by a patron allegedly injured in the lounge and bar operated out of property owner's premises, and in cross-claims by property owner against bar & lounge operator and operator's owner for indemnification and various breaches of lease.
EXPERIENCE & REPRESENTATIVE MATTERS OF VARYING COMPLEXITY
Our Experience & Representative Matters
Representation of single retail tenants in connection with new leases as well as lease surrender negotiations;
Representation of religious and charitable organizations in New York City and the surrounding boroughs in leasing, licensing and related litigation matters;
Representation of single-property owners in connection with their leasing, licensing and end of term matters;
Representation of real estate developers and investors in negotiating the acquisition and development and re-development of improved and unimproved properties in New York City and its surrounding areas; and.
Representation of high net-worth individuals in the acquisition and disposition of residential properties.
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REAL ESTATE & LEASING MATTERS IN NEW YORK AND ACROSS THE U.S.
Representation of a fully-integrated real estate developer, landlord, operator and lender, headquartered in New York City, with a combined retail, office and industrial portfolio in excess of 12 million square feet of space (of which 1.75 million represents retail) in the New York Metro area, in connection with its retail leasing transactions;
Representation of a franchise-operated national retail chain in connection with new and expiring leases and related matters in shopping malls and strip centers in New York and throughout the United States;
Representation of retail franchisee tenants in connection with new and expiring leases and related matters in shopping malls and strip centers in the New York Metro area and throughout the United States.
OUR FIRM HAS REPRESENTED CLIENTS IN LEASING TRANSACTIONS INVOLVING THE FOLLOWING RETAILERS AND SHOPPING CENTERS:
National Retail Chains and Other Retailers
Optica: Optical retailer offering the ultimate one-stop shopping experience and premiere destination for high-end luxury design brands, frames and supreme lenses.
The Eye Gallery: Located in some of the largest and most exclusive shopping malls, The Eye Gallery offers a completely interactive and tailor-made customer experience with cutting-edge technology and state-of-the-art displays, where some of the most exclusive and luxurious brands in eye-wear are presented.
Sterling Optical: Nationally-recognized and 100+ year old family optical retailer with more than 100 locations in the United States and U.S. Virgin Islands, providing professional eye exams and customer service from licensed optometrists and staff, as well as an extensive selection of eyeglasses, contact lenses, and designer sunglasses, all at a great value.
Site for Sore Eyes: Northern California based optical franchise with over 40 locations and a reputation for providing exceptional service in everything from quality eye-wear to professional eye exams.
Cohen's Fashion Optical: In business for over 90 years, Cohen's is a top eyewear retailer operating 100+ stores in seven U.S. states & Puerto Rico.
Hello Kitty (US): Silverman & Sardar LLP represented the exclusive retailer of Sanrio's Hello Kitty brand in all of its Hello Kitty retail leases across the United States.
MetroPCS: A leading provider of unlimited 4GLTE wireless service, without an annual contract.
Sprockets Kids: Nationally recognized twenty-year-old west-coast based children's apparel retailer.
- Aurelie Bidermann: High-end fine French jewelry boutique.
Silverman & Sardar LLP
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Attorneys at Law
SILVERMAN & SARDAR LLP
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BANKRUPTCY, FINANCIAL RESTRUCTURING AND INSOLVENCY
Achieved a swift and decisive dismissal of an involuntary bankruptcy petition under chapter 11 of the Bankruptcy Code brought by a single petitioning creditor. Federal Bankruptcy Judge (SDNY) granted our client's motion to dismiss the involuntary petition, awarded our client (as against Petitioner) attorneys' fees and costs, and reserved for future consideration a further award of punitive damages against Petitioner. U.S. Bankruptcy Court for the Southern District of New York: In re Olympic Property Partners, LLC, Case No. 15-23658 (RDD).
Successfully represented real estate development company as respondent in an appeal in the U.S. District Court for the Southern District of New York brought by one of its creditors seeking to overturn a decision by the U.S. Bankruptcy Court for the Southern District of New York (Robert D. Drain, J.) which granted our client's motion to dismiss such creditor's involuntary petition, awarded fees and costs to our client, and authorized our client to seek damages, but reserved decision on amount of any such fees and costs and what damages, if any, should be awarded. Hon. Kenneth M. Karas, writing the appellate decision dismissing the appeal, agreed with our position that the bankruptcy court's decision was interlocutory and thus did not afford appellant an immediate appeal as of right, and further determined that the district court would not exercise its discretion to allow an interlocutory appeal.
Represented a debtor in a Single Asset Real Estate (SARE) chapter 11 case; plan confirmed.
Defended and achieved settlements for creditors in bankruptcy-related adversary proceedings brought by trustees and debtors to avoid and recover transfers and/or conveyances allegedly preferential and/or fraudulent under various federal and state statutes.
Defended and achieved settlements for creditors in state-based Assignment for Benefit of Creditor cases where designated Assignees brought actions in state court to avoid allegedly preferential transfers made under particular state statutes.
Successfully represented individual creditors in U.S. Bankruptcy Court adversary proceedings involving objections to discharge, including successfully obtaining judgment as against bankrupt debtor and successfully defending creditor against related appeal to the U.S. District Court for the Eastern District of New York and again in the further appeal by same to the U.S. Court of Appeals for the Second Circuit.
Successfully represented individual debtors in U.S. Bankruptcy Court adversary proceedings, including successfully opposing summary judgment motion and negotiating consensual dismissal of case.