Commercial Litigation

The Commercial Litigation Practice Group at Rosenberg Fortuna & Laitman, LLP represents clients in all aspects of sophisticated litigation, representing both plaintiffs and defendants, in all state and federal courts, and at the appellate level.

The firm's trial team has expertise in litigation as well as in advising clients how to avoid litigation and resolve disputes in a cost and time effective manner. With an understanding of the underlying business issues inherent in litigation, the members of the Commercial Litigation Practice Group join with their clients to address these issues and meet the client's litigation objectives.

The litigation of this Practice Group spans such diverse areas as contract disputes; business disputes between manufacturers and distributors; dissolution of business entities; real estate, zoning and environmental issues; and construction.

Whether at a jury trial or bench trial, or in arbitration or mediation, or on an application for provisional or injunctive relief, the attorneys at Rosenberg Fortuna & Laitman, LLP are well regarded by their clients, adversaries and the judiciary.

The spectrum of commercial litigation matters represented by the firm includes:

• Business disputes involving owners, shareholders and rival companies; partnership disputes and restrictive covenants
• Construction litigation
• Land use matters, including:
  • Article 78 petitions
  • CERCLA (The Comprehensive Environmental Response, Compensation, and Liability Act, commonly known as Superfund)
  • Zoning litigation
• Real estate litigation
• Trustee disputes in charitable foundations and not-for-profit organizations

The firm also represents clients in departmental hearings before administrative agencies, including:

• Boards of zoning appeals and planning boards
• Department of Labor
• EEOC ( U.S. Equal Employment Opportunity Commission)
• Labor Unions
• New York State Division of Human Rights

Representative matters handled by the firm's Commercial Litigation Practice Group include:

• Successfully obtained a judgment in favor of a real estate developer, establishing a constructive trust on a large tract of Suffolk County, New York real estate and a monetary judgment in excess of $11 million.
• Obtained a jury's verdict dismissing all claims against the firm's client involving the construction of a multiplex movie complex in Kings County, New York, including the dismissal of monetary claims in excess of $100 million.
• Successfully represented the seller of an industrial building on Long Island in a dispute with the buyer, permitting the seller to retain a down payment in excess of $650,000.
• Enforced a restrictive covenant enjoining a former executive from competing with his former employer.
• Dismissed fraud claims against the chief executive of a major national corporation.
• Obtained the early dismissal of claims which could have resulted in a judgment against a nationally recognized service corporation in excess of several million dollars.
• Represented the sponsor of a condominium complex against a multi-million dollar claim by a homeowners association which has resulted in the dismissal of over seventy-five individual homeowner claims.