New Jersey Office:
Phone: 973-226-4534

New York Office:
Phone: 646-741-1943

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Real Estate Litigation

CMS has extensive experience in all areas of real estate litigation, including but not limited to jury and bench trials, arbitrations and appeals. The firm has represented a wide array of clients including commercial, residential and industrial developers; condominium associations; private investors; real estate brokers; banking and consumer finance institutions; property management companies; title companies and property owners ranging in size from individuals to multi-million dollar entities. The firm also represents landlords and lenders in connection with contested rent issues, restrictive covenants and security matters.

The firm handles all aspects of contested real estate related matters throughout New Jersey and New York. The attorneys at CMS counsel clients on ways to avoid any litigation, but when litigation becomes inevitable our litigation team advocates the position of our clients fervently and effectively. When necessary, the litigators at CMS work closely with the corporate and transactional department to fully assist all clients.

CMS has successfully represented our clients in disputes involving breach of contract claims, breaches of fiduciary duty, negligence, misrepresentation and fraud, as well as statutory claims under the New Jersey Consumer Fraud Act, the Real Estate Settlement Procedures Act, the Truth in Lending Act, the Fair Debt Collection Practices Act and lien litigation.

Some of the practice highlights for the real estate litigation group at CMS include:

  • Experience in zoning litigation, including land-use issues.
  • Extensive experience representing developers and investors in litigation concerning acquisition or financing of projects, including office buildings, industrial facilities and shopping centers
  • Commercial landlord-tenant group experienced in retail, office, industrial and facility leasing.
  • Representation of clients with regards to purchase and sale contracts, commercial office, retail and ground leases.
  • Declaratory judgment actions to clarify property rights between competing claimants
  • Real estate entity disputes among partners or members.
  • Condominium and cooperative disputes.

Practice Contact: Benjamin C. Curcio

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