Real Property and Development

Real Property and Development includes:

  • Site Acquisition and Assessment
  • Obtaining Approvals and Permits for Development
  • Planned Development Districts
  • Defense of Article 78 and Legal Actions Challenging Development Projects
  • Construction Litigation and Claims Resolution
  • Negotiation and Preparation of Leases and Sales Related Documents
  • Assist with payments-in-lieu-of-tax agreements (PILOTS)

From large multi-national corporations to individually owned businesses, Young/Sommer LLC has represented hundreds of clients through project development. The firm has extensive experience negotiating and preparing agreements for a broad variety of commercial real estate transactions involving improved and unimproved properties, including purchases, sales, leases, options, rights of first refusal, easements, conservation easements, declarations of restrictive covenants, and construction contracts. We have represented borrowers in a variety of financing transactions, including loans, construction loans, land development loans and refinancings. We have represented landlords and tenants in the drafting and negotiation of commercial and residential real estate leases.

Young/Sommer’s commercial real estate practice includes all phases of real estate development, from site acquisition to construction. The firm’s partners have decades of experience representing developers. Recent projects include:

  • Development of the Whiteface Lodge in Lake Placid, New York, which is the largest hotel/condominium project built within the Adirondack Park in decades
  • Development of mixed use shopping center/office complex in Lake Placid, New York
  • Redevelopment of industrial properties and “brown fields” in Schenectady, New York
  • Development of a time-share hotel complex in Hunter, New York
  • Development of wind energy projects throughout upstate New York
  • Approvals for planned development district throughout the Capital District

Rivkin v. Century 21 Teran Realty LLC, 10 NY3d 344, 858 NYS2d 55 (2008)

Mr. Hurst obtained a favorable decision from New York’s highest court in a case of first impression decided upon Certified... READ MORE

The Fort Ticonderoga Association v. The Assessor of the Town of Ticonderoga, et al., Sup Ct, Essex County, 2013, Index No. 410-2013

The firm successfully restored tax exemptions and obtained tax refunds for The Fort Ticonderoga Association, a not-for-profit corporation. This groundbreaking... READ MORE

Alexander v. Oakley, 943 NYS2d 291 (3d Dept May 3, 2012)

The firm represented Plaintiffs in a property dispute involving the use of a private right of way on the Alexanders’... READ MORE

Macris v. Matta, 2012 NY Slip Op. 08701 (2d Dept. 2012)

The firm successfully defended an appeal made by landowners who sought $400,000 in property damages allegedly stemming from the acts... READ MORE

Nesheiwat v. ElJamal, Sup Ct, Westchester County, 2012, Index No. 615/2011

The firm represented the plaintiff in a successful share holder derivative action and contract dispute involving the sale of commercial... READ MORE

Harvest Ridge Associates Inc. v. Nesheiwat Estates, Sup Ct, Dutchess County, 2005, Index No. 5964/04

The firm represented the Defendant in a contract dispute involving the intent of an agreement made by Harvest Ridge Associates,... READ MORE

In the Matter of the Application of Ticonderoga Property Development LLC, APA Order Granting Variance, 2005-261V, October 18, 2006

The firm represented Ticonderoga Property Development LLC in its application in the Adirondack Park for a variance from Appendix Q3... READ MORE

Cring v. Bonnie Belle Association, Sup Ct, Warren County, 2004, Index No. 44157

In a case regarding the Plaintiffs’ ability to rent out vacant rooms in their home, the firm successfully represented the... READ MORE

In the Matter of the Arbitration between Fishkill Property LLC, et al., AAA Index No. 15 183 Y 0017611, Award Dated November 7, 2011

Macris v. Matta, Sup Ct, Putnam County, Index No. 1354-2011

The firm represented Defendant homeowners, in an action commenced by their downstream neighbors for property damages stemming from the alleged... READ MORE