Real Estate Transactions

Daniel Pozin & Joseph P. Harrington - McCarthy Fingar Real Estate Lawyers

The McCarthy Fingar Team

McCarthy Fingar maintains a reputation as a leading law firm for Real Estate Transactions in Westchester and throughout the New York metro region. The lawyers in McCarthy Fingar’s Real Estate Transactions group represent clients in all types of real estate transactions and all aspects of real estate development. Our attorneys represent clients when they purchase and sell, lease, encumber and finance all manner of commercial properties and projects. Our lawyers are adept at the use of conveyance and financing techniques to maximize client goals. For example, we create innovative structures and close tax-free exchanges, sale leaseback transactions and other vehicles for maximizing our client’s interests. The firm also represents clients in the construction and development areas, in the planning and approval stages and throughout the process to fruition of a development or project. In addition, for projects already under construction, our lawyers frequently represents and advise our clients in the purchasing and developing of golf courses, resorts, casinos, residential development projects, among others. Also, when necessary, our Commercial Litigation lawyers represent our real estate clients in court when disputes as to real estate and leasing matters cannot be resolved out of court.

McCarthy Fingar’s Leadership in the Community

McCarthy Fingar’s lawyers are often in the news and are frequent lecturers on many different topics. Click on news and speaking engagements above to check out what our lawyers are doing.

Contact Us

McCarthy Fingar’s Real Estate Transactions lawyers are dedicated to our clients’ success. If you think you may require our assistance or have any questions, please contact Joseph P. Harrington by email (jharrington@mccarthyfingar.com).

06/18/2019

Landau & Trokie Speak on Impending Legalization of Cannabis

Douglas S. Trokie James K. Landau

James K. Landau and Douglas S. Trokie, both members of our Cannabis Law group, spoke at a CLE program entitled, “Impending Legalization of Cannabis 2019: The Buzzz for Businesses.” This program was co-sponsored by the FPA Greater Hudson Valley Chapter, the Westchester County Bar Association and the Westchester Chapter of the New York State Society of CPAs.

05/23/2019

Landau & Trokie Speak on Legalization Status of Cannabis & Hemp in New York & Connecticut

Douglas S. Trokie James K. Landau

James K. Landau and Douglas S. Trokie, both members of our Cannabis Law group, spoke on “Legalization Status of Cannabis and Hemp in New York & Connecticut.” This program was co-sponsored by BOHCA (Business Owners Hemp Cannabis Association).

03/01/2015

Trokie Joins McCarthy Fingar as New Partner

Douglas S. Trokie

We are pleased to announce that, effective March 1, 2015, Douglas S. Trokie has joined the firm as a partner and is a member of our Commercial LitigationCommercial FinanceCorporate & General Business and Real Estate Transactions groups. Prior to joining the firm, Doug was a founding partner of Trokie Landau LLP, and has been representing individuals and companies of all sizes for over 30 years in a broad range of commercial, corporate, real estate and litigation matters, both in the New York area and worldwide.

11/01/2014

Pozin, Smith, Steinman & Georgiou Join Firm and Start up Municipal Law & Land Use Group

Clinton B. Smith Lester D. Steinman Daniel Pozin

We are pleased to advise that Daniel PozinClinton B. Smith and Lester D. Steinman have joined the firm as partners and Anna L. Georgiou has joined the firm as counsel. They are all members of the firm’s newly created Municipal Law & Land Use group.

04/01/2008

Davis Joins Firm and Heads Up New Tax Certiorari & Condemnation Group

Stephen Davis

Stephen Davis has merged his practice and joined the firm as counsel and is a member of our Commercial Litigation, Tax Certiorari and Condemnation and Real Estate Transactions groups.

08/01/2007

Gleit Handles Sale and Mortgage of Nassau County Office Building

Milton R. Gleit

Milton R. Gleit represented the property owner in the sale of a Nassau County office building, with a securitized mortgage loan in the amount of $20,750,000.

05/17/2007

Harrington Lectures on Commercial Finance for Pace

Joseph P. Harrington

Joseph P. Harrington was part of a panel presentation on commercial finance and real estate development issues for a two-day program on May 17th and 18th, 2007 in White Plains, New York, sponsored by the Real Estate Law Institute of the Land Use Law Center at Pace University School of Law.

05/03/2006

Rosh Lectures for NYSBA on Mortgage Foreclosures

Robert H. Rosh

Robert H. Rosh lectured on Mortgage Foreclosures in Tarrytown, New York on May 3, 2006 for the Real Property Law Section of the New York State Bar Association as part of an all-day program entitled “Practical Skills: Mortgage Foreclosures and Workouts”.

08/01/2005

Santoro Joins Firm as Associate

Michelle L. Santoro

Michelle L. Santoro has joined the firm as an associate and is a member of our Commercial Litigation and Matrimonial and Family Law groups.

04/20/2005

Harrington Lectures on Commercial Lending issues

Joseph P. Harrington

Joseph P Harrington lectured on April 20, 2005 or Pace University School of Law in White Plains, New York on Commercial Lending issues as part of a program on “Commercial Real Estate Transactions”.

04/21/2004

Harrington Lectures on Commercial Lending Issues

Joseph P. Harrington

Joseph P Harrington lectured on April 21 and 28, 2004 for Pace University School of Law in White Plains, New York on Commercial Lending issues as part of a program on “Commercial Real Estate Transactions”.

01/17/2001

Harrington Lectures on Commercial Real Estate Transactions

Joseph P. Harrington

Joseph P. Harrington lectured on January 17, 2001 on Commercial Real Estate Transactions at Pace University College of Law as part of Pace’s Continuing Legal Education program

Non-Judicial Mortgage Foreclosure Law

by Robert H. Rosh on 04/01/1999 Robert H. Rosh

Legal Notes, Spring 1999

[Read in full]

Commercial Finance – Real Estate Transactions – $21 Million Construction Loan for Development of Mixed Use Shopping Center

Joseph P. Harrington

Joseph P. Harrington

Commercial Finance – Real Estate Transactions – Construction Loan for Mixed Use Shopping Center

McCarthy Fingar’s Commercial Finance lawyers often represent our lending clients in commercial Real Estate Transactions. Here, Joseph P. Harrington represented the lender on a $21 million dollar construction loan for the development of a mixed use shopping center with a national supermarket as the anchor tenant under a long term lease. 

Sellmon v. Cotter (Sup. Ct., Westchester Co., Index No. 11444/11)

Robert H. Rosh

Robert H. Rosh

Commercial Litigation – Real Estate Transactions – Lease Dispute – Avoidance of Liability under Guaranty

McCarthy Fingar’s Commercial Litigation and Real Estate Transactions lawyers sometimes represent clients in lease disputes. Here, Robert H. Rosh successfully moved to dismiss the complaint in which the plaintiff-landlord sued our client to recover damages under a guaranty of rental payments for a one year lease entered into by our client’s son as tenant. The issue in this case was whether the guarantee signed by our client was limited to her son’s one year lease, or extended to a renewal lease that our client’s son had entered into after the expiration of the one year lease, and allegedly defaulted under. In dismissing the complaint on Rob’s motion, the court held that, under New York law, a guarantor is not bound beyond the express terms of his guarantee. And, because the guarantee did not expressly states that the parties intended the guarantee to continue during periods of renewal, our client’s liability under the guarantee did not extend to the renewal lease.

Wiernik v. Kurth (Sup. Ct., Westchester Co., Index No. 6216/07) (2010)

Robert H. Rosh

Robert H. Rosh

Commercial LitigationReal Estate Transactions – Unlicensed Home Improvement Contractor

Robert H. Rosh successfully prosecuted this action by obtaining for our clients a favorable settlement under which the defendants confessed judgment. The dispute arose out of a construction project involving the construction of an addition to our clients’ residence. The construction was, as alleged in the complaint, replete with structural deficiencies, and the defendant-contractor was not a licensed home improvement contractor.

Negotiation & Documentation of Work-Out/Restructure of Defaulted Mortgage Loan for Banking Client

Joseph P. Harrington

Joseph P. Harrington

Commercial FinanceReal Estate Transactions – Successful Work-Out/Restructure of Defaulted Mortgage Loan

In addition to closing commercial loan transactions for our banking clients, our Commercial Finance & Real Estate Transactions lawyers sometimes assist clients on the work-out and/or restructuring of a problem loan. On behalf of one of the firm’s banking clients, Joe Harrington successfully negotiated and documented the restructure of a defaulted loan secured by a first mortgage on an office building, thereby enabling the client to convert the defaulted loan into a performing asset.

Commercial Building Sold in the Settlement of a Dissolution Action

Douglas S. Trokie

Douglas S. Trokie

Commercial Litigation – Real Estate Transactions – Corporate Dissolution – Sale of Commercial Building

Small, closely-held companies sometime have disputes between shareholders that cannot be resolved out of court. Our lawyers are often retained to represent either the company or one of the shareholders. Here, Douglas Trokie represented a shareholder of a corporation in a dissolution action where the company’s sole asset was a commercial building. Through Doug’s efforts, the matter was settled, and the parties agreed to an amicable sale of the building; and the net proceeds of sale of the building were divided between the two shareholders.  

Keiser v. Todd, 290 A.D.2d 492, 736 N.Y.S.2d 255 (2d Dep’t 2005)

Robert H. Rosh

Robert H. Rosh

Appellate Practice  – Commercial LitigationReal Estate Transactions – Option to Purchase Real Estate

If a dispute as to a real estate transaction cannot be settled, lawyers need skill and experience to win a case in court. In this matter, Robert H. Rosh successfully defended our client at both the lower court and appellate levels, in an action brought by a tenant to enforce a purported option to purchase our client’s real property. Rob moved for, and obtained, an order dismissing the tenant’s complaint. In support of its dismissal, the court held that the draft option agreement between the parties did not identify the property to be conveyed with sufficient particularity to satisfy New York’s Statute of Frauds, General Obligations Law §5-703(2), and was therefore unenforceable.

Following our client’s victory, the tenant refused to vacate the premises and Rob successfully pursued on our client’s behalf a proceeding that resulted in the eviction of the tenant from the premises.

[Read in full]

Frankel v. Ford Leasing Dev. Co., 7 A.D.3d 757, 776 N.Y.S.2d 905 (2d Dep’t 2004)

Robert H. Rosh

Robert H. Rosh

Commercial Litigation – Appellate Practice – Statute of  Frauds on Real Estate Transaction

Our lawyers defend clients on unwarranted lawsuits for enforcement of alleged contracts. Here, Robert H. Rosh successfully defended an action that was brought against his client for specific performance of a contract to sell real property. Rob moved for and was awarded summary judgment dismissing the action. On appeal, the lower court’s decision was affirmed, finding that the parties never had a meeting of the minds, and that the documents which had been relied upon by the plaintiff in support of his claim had omitted essential terms of a contract; and, thus, the claim was barred under the statute of frauds. The appellate court also found that the actions taken by the plaintiff were not unequivocally referable to a contract of sale so as to constitute part performance sufficient to defeat the statute of frauds, and were merely steps taken in contemplation of a future agreement.

[Read in full]

Route 22 Associates v. Cipes, 204 A.D.2d 705 (2d Dep’t 1994)

Kathleen Donelli

Kathleen Donelli

Commercial Litigation – Appellate Practice – Real Estate Easements

Having prevailed in the lower court, Kathleen Donelli persuaded the Appellate Division, Second Department to affirmed the trial court’s decision, declaring the validity of an easement.

[Read in full]

Representing Real Estate Developer Purchasing Real Estate for Retail Use

Milton R. Gleit

Milton R. Gleit

Real Estate Transactions – Corporate & General Business – Representing Real Estate Developer to Purchase Real Estate for Retail Use

McCarthy Fingar’s lawyers often represent clients buying real estate for commercial use. Here, Milton R. Gleit represented a real estate developer acquiring six lots from four sellers at a price exceeding $7 milllion for commercial redevelopment of the assemblage for retail use.

Presenter Description Organization Date
Joseph P. Harrington
Joseph P. Harrington

“The Fundamentals of Financing Real Estate Transactions”

Pace University School of Law, White Plains, New York

03/04/2010
Joseph P. Harrington
Joseph P. Harrington

Commercial Finance and Real Estate Development

Real Estate Law Institute of the Land Use Law Center at Pace University School of Law, White Plains, New York

05/17/2007
Robert H. Rosh
Robert H. Rosh

Mortgage Foreclosures, as part of an all-day program entitled “Practical Skills: Mortgage Foreclosures and Workouts”

Real Property Law Section of the New York State Bar Association, Tarrytown, New York

05/03/2006
Joseph P. Harrington
Joseph P. Harrington

Commercial Lending Issues, as part of a program on “Commercial Real Estate Transactions”

Pace University School of Law, White Plains, New York

04/20/2005
Joseph P. Harrington
Joseph P. Harrington

Commercial Lending Isues,as part of a program on “Commercial Real Estate Transactions”

Pace University School of Law, White Plains, New York

04/21/2004
Joseph P. Harrington
Joseph P. Harrington

Commercial Real Estate Transactions

Pace University College of Law, White Plains, New York

01/17/2001