Commercial Litigation

Mr. Berfond will work closely with clients to evaluate their potential claims or defenses related to the commercial, professional, employment, or personal dispute that is the subject of litigation.   He represents clients before administrative agencies, alternative dispute resolution proceedings such as mediation or arbitration, jury or court trials in state and federal court as well as proceedings before appellate courts. He also helps clients prepare their case and counsel them on steps and procedures involved.  A skilled civil litigation attorney can help clients leverage their negotiating position to reach a beneficial settlement which may be the most appropriate and economical manner of handing certain cases.  However, when a dispute cannot be resolved satisfactorily, taking a case to court may be the best or only option.

When required, Mr. Berfond will engage and work closely with experts including investigators, accountants, economic impact analysts, and other relevant professionals.

Over the last 27 years, Mr. Berfond has had a substantial track record of successes in his commercial litigation practice.  The outcomes include:

• allowing a commercial tenant to remain in possession of his business for over ten (10) years without paying rent during the pendency of a landlord tenant dispute.
• obtaining the controlling interest of a closely held corporation for a minority owner for a nominal payment.
• permitting a commercial seller to retain a $250,000.00 deposit from a purchaser who had defaulted on the contract.
• assisting a commercial landlord in successfully defending against a Yellowstone Injunction and removing the tenant.
• defending a commercial tenant against a large real estate investor who had purchased the business property and obtaining a significant lease buyout for the tenant.
• obtaining a $2,000,000.00 judgment against a real estate developer for an investor who had almost given up his claim.
• assisting a purchaser in enforce a real estate contract by way of a specific performance lawsuit and forcing the seller to complete the transaction on its original terms.
• defending a corporate shareholder against a vendor who was attempting to pierce the corporate veil and having the case dismissed against the individual.
• Successful defense of a lawsuit alleging the breach of an exclusive distribution agreement, non-competition clause and intentional interference with contractual relations.  The case was dismissed.
• Defending a commercial guarantor on a promissory note from a major bank and having the case dismissed against the guarantor.
• Successful litigation against the United States Environmental Protection Agency concerning the operation and maintenance of underground storage tanks.
• Reversal of an $8,000,000.00 judgment and dismissal of the case against the judgment debtor after a successful appeal to the Appellate Division.
• Obtaining a permanent injunction preventing a landlord from terminating a commercial lease after tenant defaulted.
• Successfully evicted a commercial tenant from ten (10) properties owned by one landlord.

It is not uncommon for businesses to find themselves involved in a legal dispute with another party. Disputes of this nature, such as a breach of contract, typically fall under what is known as civil litigation which entails the use of courts or arbitrators for adjudication.

For plaintiffs involved in a civil litigation matter, the objective is to right a wrong, honor an agreement, or to obtain compensation for an injury.  Defendants in a civil litigation matter will want to aggressively protect their rights in opposing the plaintiff’s claim.

Whether you are a plaintiff or defendant, hiring a qualified civil litigation attorney is crucial in achieving a successful outcome in your case.

Attorney Melvin Berfond represents plaintiffs and defendants as individuals, partnerships, shareholders and corporations in the following types of cases:

Business related litigation

• Fraud
• Breach of contract
• Dissolution or breakup of a business
• Unfair business practices
• Business disputes
• Trade secrets
• Non-compete covenants
• Securities matters
• Breach of warranties
• Mechanics’ liens
• Employment litigation

Administrative

• Administrative law
• Liquor license violations

Injunctions

• Preliminary and permanent injunctions

Real estate and construction litigation

• Real estate litigation
• Landlord-tenant litigation
• Construction defects
• Premises liability

If your legal dispute has risen to the level of civil litigation, Mr. Berfond is ready to help.