Ryan P. Kaupelis’s practice focuses on commercial and real estate litigation, with an emphasis on cooperatives and condominiums, construction disputes, landlord-tenant disputes, and financial services matters.
Ryan has litigated a broad range of cooperative and condominium matters, including the pursuit and defense of claims for fraud, mismanagement and construction defects against developers, disputes over the interpretation of by-laws and other governing documents, misappropriation and waste claims against boards, election disputes, discrimination and employment claims, defaults and collections, and property damage claims.
One of his specialties is handling construction disputes like claims for breach of contract, breach of fiduciary duty and fraud and violations of Lien Law. In the area of employment law, Ryan handles lawsuits for discrimination and violations of FLSA and NYLL against the firm’s construction clientele.
In his commercial and residential practice, Ryan handles matters for landlords and tenants like nonpayment proceedings, eviction proceedings, claims for breach of the warranty of habitability, constructive eviction, Yellowstone injunctions and actions for personal liability under guaranties. He also represents lenders and debtors with respect to collections and foreclosures and claims arising out of TILA, FDCPA and GBL § 349.
- Winning summary judgment in favor of property owner against a general contractor on the basis that the contractor violated the AIA contract by failing to diligently perform work during disputes involving the scope of work and amount of change orders.
- Winning summary judgment for a condominium against a unit owner – the court approved the board’s authority to impose certain fees permitted by the condominium’s by-laws and held that the board’s interpretation of the by-laws was protected by the business judgment rule.
- Winning an appeal affirming a judgment for the collection of rent from a commercial tenant and personal guarantor and dismissing defenses based on allegations that the landlord’s work disrupted the tenant’s use of the demised premises.
- Winning an appeal which denied a motion to dismiss individual members of a commercial tenant and held that issues of fact existed as to whether members of the tenant breached their fiduciary duties to the landlord where the tenant had an ownership interest in the landlord LLC.
- Winning a motion to dismiss claims by a condominium board against an architect for construction defects based on lack of a duty to the board.
- Winning summary judgment for specific performance against a seller – the court held that contract of sale was enforceable even though it was signed by the purchaser’s attorney. The court further held that un-initialed handwritten changes were enforceable where seller deposited the down payment and failed to object.
Member, New York State Bar Association
Member, New York City Bar Association