Real Estate Litigation, Business Litigation and Appeals

Complex Matters Made Simple

We are more than sophisticated attorneys. We help clients articulate their goals and achieve them. It is within this mindset that litigation is an important component of a clients’ strategy, but not a driver.

In those cases where litigation becomes necessary, the attorneys of Smith, Buss & Jacobs provide powerhouse litigation skills and winning experience. We lead with a client-first philosophy, execute with unsurpassed expertise, and believe in engaging in transparent discussions of cost versus value at every stage of your matter.

Today’s courts are overwhelmed, causing a consistent push for expedient resolution. The best litigators know their clients’ business, know the courts and, therefore, know how to make even the most complex matters simple. We tee it up right to get to successful resolution faster. Every matter, every time.

Our seasoned litigators work with the lawyers in our Real Estate, Business, Condominium and Cooperative, and Government practices to develop strategic approaches and innovative solutions in a variety of disputes.

We persistently draw upon the expertise of, and collaborate with, other disciplines within our firm to deliver an enhanced, multidisciplinary approach, enabling high value skillsets to address the full scope of issues that may arise when effecting clients’ goals.

Our attorneys have substantive experience in almost every facet of litigation, have impressive trial and appellate experience representing clients in various forums, including both state and federal courts, administrative and other state and federal agencies and arbitral organizations. The attorneys of Smith, Buss & Jacobs help clients with litigation matters statewide and in New York City, Queens, Bronx, Brooklyn, Westchester, White Plains, Yonkers, Nassau County, Suffolk County, Long Island, and Rockland County.

Some of our areas of litigation:
Co-op & Condo Litigation

We guide boards in every aspect of governance, including drafting and reviewing of governing documents, fiduciary obligations, election disputes, alterations and owner issues. We represent new boards who may need to address issues with their sponsor.

We have experience in all phases of this area of litigation, from conversion and construction issues, to defending boards accused of breaching their fiduciary obligations or violating the business judgment rule, to defending discrimination claims made by employees and prospective purchasers, to the challenge of elections, interpretation of governing documents, alteration disputes, and other areas associated with cooperative and condominium buildings and their occupants.

Real Estate Litigation

We represent landlords, tenants, developers, consultants and construction managers and more in litigations that arise from a variety of complex real estate transactions and projects including land use issues, complex commercial lease disputes, restructuring and bankruptcy proceedings, and construction disputes.

Commercial Leasing & Financing Litigation

We represent property owners and developers as well as landlords and tenants in all kinds of lease disputes and other types of real estate litigation. We frequently represent retail landlords in the enforcement of tenant leases through litigation and pre-litigation settlements.

Land Use & Zoning Litigation

Our Land Use & Zoning litigation attorneys have broad litigation experience, including civil litigation in state and federal courts, at both the trial and appellate levels, on behalf of clients facing complex land use issues. We represent clients in all manner of disputes arising from development and construction, including zoning and land use approvals, variances, real property tax matters and environmental issues.

Development & Construction Litigation

Our attorneys represent a diverse client base, which includes developers, public and private owners, designers and consultants, general contractors, construction managers, subcontractors, suppliers, sureties, insurance companies, and lenders in a wide range of development and construction litigation.

Business Litigation

Our attorneys are particularly effective assisting clients implement immediate and future financial needs; at times, these business needs lead to litigation. We represent clients in variety of litigations that arise from business disputes including contracts and labor & employment disputes, civil rights disputes, and white-collar fraud.

Bankruptcy Litigation

Our highly experienced bankruptcy litigators provide clients with expertise in contested matters, both in bankruptcy court and in state and federal courts and bring to the table a unique blend of bankruptcy, litigation, forensic investigation, law enforcement and government regulatory experience. Our litigators have a wealth of experience in corporate finance and a keen understanding of the financial markets and have extensive experience in complex bankruptcy litigation, trials, appeals and mega-case management.


Our municipal and education clients benefit from the value of our cross-disciplinary, collaborative approach to legal services. Our philosophy in this regard is simple. We believe that a mutually agreed upon resolution, although not perfect, is better than expensive litigation. As a result, we approach every local government matter with a view toward avoiding litigation in the first place. But when litigation proves necessary, our lawyers vigorously represent clients at the state and federal levels, including in appellate courts.

Our attorneys have successfully represented local governments and school districts in lawsuits involving challenges to zoning and planning decisions, civil rights actions under 42 U.S.C. § 1983 under the First, Fifth and Fourteenth Amendments, as well as the New York State Constitution, eminent domain proceedings, complex real property tax actions, and disputes over the scope of home rule powers and the authority of public officials.

Our Real Estate Litigation, Business Litigation and Appeals practice