Sole arbitrator in expedited complex lease dispute between well known global entities involving retail space on prime Fifth Avenue corridor, including interpretation of permissible retail subtenant for 30,000+- sq. ft space under lease which limited subtenants to be “dignified first class” retail entities.
Sole arbitrator in a very complex case involving one of the largest real estate developers in NYC, and interpretation of a complex LLC operating agreement and master lease in connection with a condominium development. Case involved many days of evidentiary hearing, numerous motions, claims and counterclaims, the interpretation of “excusable unavoidable delays”, New York City building code enforcement and condominium conversion, construction delays, concurrent delays, interpretation of prevailing party’s attorneys fees and pre-award, prejudgment interest.
Sole arbitrator in a complex case between a board of managers of a condominium consisting of hundreds of units in New York City against a successor sponsor, involving the interpretation of several settlement agreements entered into in the early 2000’s and the authority of the independent engineer as provided for in those agreements. The case involved disputes over payment for repairs to underground sewers, roof defects, and other matters, and highly complicated facts with many witnesses and conflicting evidence.
Member of tribunal panel in large, complex commercial case involving development of a continuing care retirement community (over $100 million) and a dispute between a nonprofit hospital owner and an experienced developer concerning millions of dollars of cost overruns on a project that spanned nearly a decade from inception to the point of the arbitration. Issues included, among others, financial projections, construction management contracts, allowances, marketing matters and interpretation of “best efforts” clauses.
Successful mediation of complex multi-party lawsuit involving trust claim under Article 3A of the New York Lien Law by various subconsultants against bankrupt architectural firm (and its professional liability insurer).
Successful mediation of multi-party lawsuit by New York City cooperative board against engineer, contractor and suppliers for failure to properly engineer and install a new burner/boiler system, including chimney flue in a 20 story residential building in Manhattan. Issues involved defective design and installation, proper maintenance, draft inducer exhaust fans and parsing liability among multiple entities.
Sole arbitrator in complex case involving cell tower leases and interpretation of rooftop easement agreement. Issues included interpreting original transaction between landlord and cell tower companies, including apportionment of multi year streams of income, interpretation of what it means to be a telecommunications tenant, access to and maintenance of equipment, splitting of future rents and fees from additional tenants, and interpretation of renewal and extension provisions.
Sole arbitrator in case involving contractor and subcontractor for very prominent institution involving interpretation of contractual insurance and indemnification provisions and liability for damage resulting from a flood allegedly caused by defective product installed by subcontractor.
Sole arbitrator in high end residential construction dispute involving design and installation contract for renovation of a NYC coop unit. Legal complexities involved issues of alter ego, de facto merger and implicit assumption of predecessor’s liabilities, equitable estoppel, as well as piercing the corporate veil.
Sole arbitrator in case involving cost overruns in multimillion dollar interior design of a very high end residential home in Massachusetts. Case involved numerous issues, including what constituted proper budgeting procedures by the very prominent design firm, what elements (including state taxes) should have been included in billing, and attorneys’ fees issues
Several cases involving shopping center pavement disputes at suburban malls in New Jersey.
Member of tribunal panel in large complex case involving dispute between a purchaser and developer of a large penthouse condominium apartment in New York City involving issues of design and pricing, and refund due for rescinded contract of sale.
Other cases have involved disputes between contractors and subcontractors, material suppliers, architects and owners, lease disputes, storage facilities, accountants, and many more.