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Our
litigation practice specializes in the areas of real estate, business, and banking
involving representation of property owners, managers, investors and others in a broad array of real estate and land use litigation
throughout Massachusetts. We have
comprehensive experience in suits involving complex zoning issues, adverse
possession, rights in easements, defects in record title, forgery and fraud,
and problematic titles. In particular, we have
extensive experience with complex
real estate title claims involving forgeries, missing interests, adverse
possession claims, easement and access disputes as well as the validity and
priority of ownership interests and liens on real estate. We are
effective advocates in disputes concerning commercial leasing, and agreements
for the purchase and sale of real estate and have also represented
commercial and residential landlords, financial institutions and tenants in
eviction proceedings and related disputes concerning breaches of lease and
contract claims. Finally, we appear for property
owners and other interested parties in administrative and judicial proceedings
involving wetlands protection, historic preservation, and access for the
disabled.
On behalf of our business clients,
we regularly prosecute and defend claims in Massachusetts
and Rhode Island
state courts as well as alternative dispute forums. More importantly, our
attorneys frequently counsel clients on how to minimize their exposure to
litigation by reviewing contracts and counseling on business strategy. We have represented builders, developers,
contractors and subcontractors in breach of warranty claims and other
contractual matters. In addition, our attorneys have represented contractors
and subcontractors in defense of negligence claims involving property damage
and personal injury. Our attorneys also
regularly advise and represent developers, contractors, lenders and other
business clients in the enforcement of their rights as creditors. These matters include replevin actions,
collection claims and the enforcement of deficiency actions after foreclosure
or sale of collateral. In this regard,
our attorneys take an aggressive approach to obtain prejudgment security where
warranted through real estate, bank account or other asset attachment to
increase the likelihood of collection.
Attorneys in the firm have been
involved in the following types of matters: Representative
Matters
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Defended owners, lenders and title
insurers against claims of forged deeds, mortgages, and discharges of liens.
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Cleared title to property on behalf
of owners and lenders where gap in chain of title resulted from missing
interests.
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Successfully reformed instruments
in chain of title based on scrivener's error or mutual mistake.
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Represented title insurers and lenders
in litigation and resolution of mortgage frauds and over-financing schemes.
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Successfully established at trial
an easement by implication thereby providing access to otherwise
land-locked residential property.
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Defeated claim for prescriptive
easement over driveway by abutting landowner.
Established national cellular
telephone company's rights to maintain cell tower on property against
landowner's claims that the tower encroached on his property.
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Represented subcontractor of Boston parking
garage renovation against indemnification claims by general contractor for
property damage and loss of profits based on negligent construction work.
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Represented general contractor
against claims involving building collapse in Massachusetts.
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Successfully resolved claim by
decedent's wife against general contractor for death caused by land
clearing subcontractor's negligence in equipment operation.
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Negotiated favorable settlement of
indemnification claim brought by general contractor against roofing
sub-contractor for personal injuries sustained by worker injured at
construction site.
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Defended security companies against
claims for personal injury and property damages arising out of security
services performed at Gillette Stadium, a large Boston
apartment complex and concert venues in Massachusetts.
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Negotiated and tried residential
and commercial landlord tenant disputes throughout the Commonwealth.
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Represented lenders and sales
financing corporations in enforcement of security rights through replevin
and deficiency actions.
Obtained judgment in favor of
lender on conversion claim against third-party purchaser of equipment
subject to lender's security interest.
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Counseled
insurers regarding policy coverage under Comprehensive General Liability
(CGL) policies and other insurance policies.
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