REAL ESTATE & CONSTRUCTION
Mr. Kaplan represents clients in a wide range of real estate matters. He has represented real estate management and brokerage companies, developers, property owners, partnerships, investors, landlords, tenants, and apartment and condominium associations in transactions and disputes involving:
- Acquisition/sale issues
- Lease terminations
- Real estate ventures/partnerships
- Commercial lending issues
- Environmental contamination
- Broker fees
- Premises liability
- Workouts and foreclosures
Examples of his work in this area include:
- Representation of franchisees in the acquisition and leasing of real estate
- Representation of the owner-operator of a major Midwestern shopping center in connection with a number of legal matters arising out of a serious fire that destroyed the facility of its anchor tenant
- Defense of partners in a multi-million dollar commercial real estate development in a lawsuit brought by other partners, including a trust established by a former president of the United States, alleging fraud, embezzlement and misrepresentation of partnership funds
- Representation of investors in actions to recover sums converted by syndicators of tax-shelter investment partnerships and other ventures
- Representation of a real estate development company and its officers in an action to enforce approximately $1 million in debt instruments, loan restructuring obligations and personal guaranties
- Defense of directors of a religious corporation in a dispute over title to church real estate
- Representation of residential and commercial property owners in state court actions to foreclose mechanic's liens and for breach of contract
- Representation of the lessee in an action against a lessor of retail property, in connection with the lessor's threatened termination of the lease based upon purported delays in building-out and occupying the premises
- Representation of real estate limited partnerships in foreclosure actions arising out of purported breaches of mortgage workout agreements
- Defense of condominium owners in an action seeking over $1 million for injuries and damages for alleged negligence, emotional distress and trespass
- Representation of a landlord in actions brought by tenants alleging breach of lease agreements resulting from the landlord's refusal to renew a commercial lease and entering into a new lease with a different tenant
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