The litigation group at the Firm, consisting of four attorneys, provides a wealth of expertise across a wide range of practice areas, including real estate, construction law, coop/condo, partnership and corporate issues, civil rights/discrimination, landlord/tenant, land use/zoning, insurance and professional liability and personal injury.

Our lawyers have broad experience in all types of real estate-related litigation, including the defense and prosecution of contract claims under purchase and sale agreements, actions for ejectment, trespass or to quiet title, administrative proceedings in City and State agencies (including Department of Building violations), actions for declaratory judgment and injunction or for damages arising out of lease interpretation, and residential and commercial landlord/tenant. The Firm represents major real estate developers in New York City in actions involving disputes over partnership assets and other contractual disputes. These litigations, which often result in complex dispute resolution negotiations, require attention to a myriad of overlapping and interacting issues including lease or contract interpretation, bankruptcy, negotiation and refinancing or restructuring of partners vis-a-vis each other and third parties, insurance subrogation, and distribution of partnership assets. In one recent case, the Firm successfully obtained a $650,000.00 judgment in arbitration by one general partner against the managing partner of a large real estate consortium for mismanagement of partnership assets. The Firm also handles all of the leasing and related landlord/tenant proceedings for a large, prestigious Park Avenue commercial landlord.

Wagner Davis P.C. has extensive experience in construction cases, representing cooperative corporations and condominium associations in actions against the developer/sponsor for construction defects and deficiencies. For example, the Firm secured a $2.2 million settlement for a Brooklyn condominium against the developer for claims ranging from cracked and falling facade brickwork to buckling floors. The Firm also represents numerous condominium unit owners in complaints brought before the office of the Attorney General and the Real Estate Financing Board, and is actively involved in negotiating settlements of these claims against the sponsor. Many of the complaints with the Attorney General involve loft buildings in Tribeca with units valued well in excess of $1 million.

Wagner Davis P.C. is well-known as one of the top firms in the New York metropolitan area representing cooperatives and condominiums. The partners have written and spoken extensively on areas of interest to the co-op and condo community, and have published numerous articles in Habitat Magazine and the Cooperator on topics ranging from recent decisions of interest to practical advice for Board members. We are often at the forefront of new litigation. Recently, the Firm litigated the issue of whether a condominium could allow a condominium unit owner to utilize a small portion of the common hallway in connection with combining two units. The Court held that the revocable license agreement entered into between the Condominium Board and the unit owner did not violate the statute forbidding the division or partition of common elements. Other areas that are often the subject of litigation include shareholder disputes regarding noise or other nuisances, election issues, and challenges to the actions of Board by shareholders or unit owners.

Our litigation attorneys have defended cooperative corporations charged with civil rights violations or discrimination in the areas of employment and housing. Often these cases arise in the context of a co-op Board’s rejection of an applicant to purchase an apartment. The Firm also successfully defended a corporation accused by an employee of discriminatory discharge. These cases have been litigated in both State and Federal Court, as well as before the relevant State agencies.

Wagner Davis P.C. has an active practice in residential and commercial landlord/tenant law. We represent owners of commercial office buildings in connection with tenant disputes, as well as numerous cooperative corporations in landlord/tenant court with regard to shareholder non-payment of maintenance and other shareholder/tenant issues (such as breach of warranty of habitability, noise, nuisance, and water damage). We also represent condominium associations in foreclosure proceedings based upon non-payment of common charges, and obtained the only decision in New York holding that a condominium’s common charge lien has priority over a bank’s mortgage lien. We also obtained a decision from the Appellate Division, Second Department, holding that the Pet Law does not apply to a condominium attempting to enforce rules and regulations prohibiting a unit owner from having a dog or other pet, contrary to a prior First Department decision.

One of the Firm’s first cases involved the right of an owner to make changes to an historic landmark building. We have represented many owners in connection with issues involving land use and zoning, primarily in connection with landmark buildings. We are currently litigating a case involving charges of environmental pollution.

The Firm is panel counsel to a number of major insurance companies. As such, we are often called upon to defend charges under policies relating to directors’ and officers’ liability. These cases involve a broad range of issues, including Business Corporation Law, Election Law, civil rights and discrimination, and breach of fiduciary duty.

Wagner Davis P.C. counsels clients on all insurance-related issues, including coverage, insurance procurement and policy advice. The Firm also represents domestic and international carriers and insureds in professional liability, directors and officers, property damage, malpractice and fine arts litigation. Directors and officers and professional liability clients include members of boards of cooperatives, condominiums and not-for-profit organizations, accountants and other professionals.

The Firm represents plaintiffs in personal injury suits, and has successfully settled cases on issues ranging from slip and fall, to a case alleging liability of a landlord for an apartment intrusion and rape.