Overview

Novack Burnbaum Crystal  represents companies, businesses, and individuals in a wide variety of litigation matters involving negotiations, trials, appeals, advocacy, arbitration, and mediation. We handle difficult and complex litigation related to commercial agreements; real estate disputes; banking issues; loan disputes; partnership, corporate, and LLC disputes; securities litigation; products liability; intellectual property; environmental matters; claims of breach of contract, fraud, and breach of fiduciary duty; and other diverse issues. We routinely help our clients obtain immediate relief in the form of property attachments, injunctions, and stays. Our litigation practice has spanned a broad array of business and industry sectors, including healthcare, manufacturing, securities, intellectual property, retail, real estate, and brokerage.

 

Sensitive to the oppressive costs of litigation both to companies and individuals, our attorneys will advise clients to avoid a protracted and expensive lawsuit when not in the client’s best interest. Our goal is always to resolve controversies without resorting to the courts, and we are well versed in the various forms of alternative dispute resolution, including mediation and arbitration. Our experienced litigators are prepared to take a matter to trial if in the best interest of the client.

Recent Matters

  • Represents the prominent real estate investment firm Cammeby’s International and the Schron family and their various affiliated entities:

    • as transaction counsel in a $940 million and $120 million CMBS tiered debt financings involving 186 properties.
    • as the option seller of one of the largest portfolio of skilled nursing and other care facilities in the United States, in a complex and multifaceted transaction.
    • as the finance and investment partners for a portfolio of real estate underlying a group of 35 facilities located in Texas and Pennsylvania.
    • as transactional counsel in connection with a complex civil dispute concerning the control of one of the nation’s largest healthcare real estate, long-term care, and ancillary companies.
    • as finance counsel in connection with HUD and conventional refinancing totaling  several hundred million dollars.
    • as transaction counsel in a $128 million bridge to HUD financing.
    • as transaction counsel in the divestiture of properties in several states.
  • Represented nursing home investor group in connection with multimillion-dollar claims arising out of fraud and breach of contract in connection with the purchase of 11 Cleveland homes.

  • Represented Official Receiver of the State of Israel in $160 million claim against former directors in multinational, cross-border proceeding to, inter alia, set aside secured claim of competing creditor in U.S. Bankruptcy Court, S.D.N.Y.

  • Represented major owner of New York nursing homes in the defense of an action by Suffolk County unions to block the sale of a county-owned nursing home to our client.

  • Successfully defended the attempt by the lessor of an upstate nursing facility to have the lease declared void based an alleged breach of its terms by our client, and thereby forced the lessor to sell the involved real property to our client.

  • Steered travel agency client to a successful settlement of claims and cross-claims arising from the alleged breach of an agreement of merger between our client and a competing agency and claims of fraud with respect thereto.

  • Prosecuted the breach of contract and fraud claims of building contractor client against a national religious organization, and achieved a settlement by which our client recovered its entire investment in the proposed condominium development project.

  • Defended a Brooklyn synagogue against claims by an adjacent landowner that her property had been damaged as a result of the negligence of our client and its subcontractors.

  • Successfully represented a major United States bus manufacturer as New York counsel in connection with the defense of numerous personal injury and fire damage claims, breach of contract, and warranty actions.

  • Represented a New York savings bank in residential foreclosure proceedings in New York State courts involving claims of lender liability.

  • Represented a New York outdoor advertising company in numerous federal and state actions relating to attempts by the City of New York to enjoin operations, and by competitors and others to sue for injunctions or contract claims.

  • Successfully defended a New York bank in claim for approximately $20 million in commissions. Settled for $50,000.

  • Successfully defended a large national retailer against multimillion-dollar claim that our client had breached a contract permitting plaintiff to solicit magazine subscriptions from our client’s customers. Motion for defense verdict granted and case dismissed.

  • Achieved full dismissal of a multimillion-dollar faulty design claim by a former prison guard against our bus manufacturer client.

  • Secured affirmance on appeal of trial judgment against major New York jewelry company and its principals.

  • Secured summary judgment in action brought by former employer alleging breach of fiduciary obligations and misappropriation of trade secrets.

  • Successfully defended client against claims that he had breached the terms of the operating agreement by competing with plaintiff, servicing plaintiff's customers, and misappropriating plaintiff's property.

  • Successfully represented bus manufacturer in several bankruptcy proceedings brought to lift the automatic stay and recover possession of our client's buses from debtor.

  • Represented several individual limited partners in action to recover from such companies monies converted by general partner. Successfully settled.

  • Represented owners in partition and accounting actions regarding a New York apartment complex resulting in a sale of the property to our client’s advantage.

  • Represented manufacturer of nutraceutical products against claims of trademark infringement and false advertising.

  • Represented defendant collector in action seeking replevin of a Civil War-era sword.

  • Represented communications solutions provider in patent dispute relating to unified communications systems and computer telephony.

  • Represented plaintiff manufacturer in papermaking patent dispute.

  • Represented defendants accused of false patent-marking.

  • Represented Salon.com and others, in trial and on appeal, in successful First Amendment challenge to federal statute regulating Internet content.

  • Represented 15 organizational amici in successful constitutional challenge to FCC’s regulation of broadcast television content.

  • Represented individuals and minority political party in constitutional challenges to state campaign finance statute.

  • Represented plaintiff in FOIA litigation regarding government’s warrantless collection of cellular phone records indicating geolocation of investigative targets.

  • Represented diversified media company in DOJ antitrust investigation, turning in part on the relationship between markets for “old” and “new” media.

  • Represented master leaseholder of World Trade Center retail mall in determining property insurers’ multibillion-dollar liability for the 9/11 attacks.

  • Represented investment bank in litigation concerning potential borrower's financing documentation.

  • Represented defendant opposing petition to compel arbitration.