Overview

Why Marc Bresky?

Because Marc is passionate about his work and committed excellence. He is a focused independent thinker. He built an enduring practice by word of mouth. He runs an efficient office that is financially prudent, keeps client costs low and ensuring logical, practical, informed and efficient results. Marc brings together an expansive array of legal services and he delivers comprehensive solutions.

Real Estate Practice

Marc S. Bresky provides legal counsel and representation for a host of complex real estate and development-related issues. Transactional services include acquisitions, dispositions, construction, land use, zoning and financing of commercial, industrial, residential and retail projects. He is particularly skilled at dispute resolution — services which include advice as to how to avoid litigation. Where disputes are inevitable, He provides representation in arbitration, mediation, and litigation in court.

Acquisitions & Dispositions

Mr. Bresky represents a variety of owners, investors, constructors, design professionals, financial services companies and developers in the acquisition, sale, exchange, management and development of office buildings, shopping centers, industrial properties, multifamily properties, hotels, condominium and cooperative projects, educational facilities, healthcare facilities and other commercial properties. Marc prepares and negotiates limited liability company agreements, partnership agreements, property management agreements, development agreements and asset management agreements, and advise clients of the most advantageous ways to structure their transactions.

Commercial Leasing

Mr. Bresky offers comprehensive leasing solutions for tenants and landlords in the local market. He guides clients through every phase of a project. He is a hands on advisor though the entire leasing process and educates clients the myriad of rules and regulations, from broker negotiations to land use and regulatory considerations.

Construction

Construction, Development, Design & Planning

The firm offers a broad range of services to clients contemplating and undertaking construction and renovation projects. He represents landowners, real estate developers, tenants, constructors, design professionals, financial services companies, investors and lenders in numerous development projects. Among the many construction projects with which the firm has had considerable experience are: hospitals, schools, office buildings, residential apartments and condominiums, data centers, water treatment plants and combined-use structures incorporating residential, retail and office towers.

Development of mixed use projects utilizing air rights in urban settings is a strength of the firm. Marc has extensive experience drafting and negotiating long-term ground leases and development agreements that bring these projects from concept to reality.

Marc offers assistance to not-for-profit organizations seeking to develop or fit out facilities to meet their mission requirements. Marc brings practical insights into the programming, construction, and tax exempt concerns of hospitals, schools and charities using decades of experience providing real estate services to such entities.

Construction Litigation & Dispute Resolution

Property owners, contractors, and architects have all benefited from the experience and skill that Marc and his selected attorneys bring to resolving construction disputes. In construction, the main focus must always be on completing the job, in a timely manner, and with as few lingering, and expensive, disputes as possible. With that in mind, Marc attempts to resolve disputes without litigation and in accordance with the overriding business purposes of its clients. Marc’s skill as a trial attorney and litigation specialist combines well with his transactional experience in various stages of property development, renovation and management. He regularly resolves disputes without litigation. Where construction disputes cannot be resolved informally, by settlement, or other alternative dispute resolution, Marc is at the helm of successful court trials and arbitration hearings, along with pretrial and post-trial appeals.

Zoning

Zoning

The use and development of land and buildings in New York City are governed by an array of laws, including the Zoning Resolution, Landmarks Law and Building Code, and environmental review procedures. Marc has worked with and has successfully litigated against the area’s largest land use firms. He works closely with urban planners and land use specialists to provide a detail oriented, successful application of this rare sub-specialty.   land use and zoning practice complements the firm’s real estate practice with specific expertise in this niche area of land use law. Our clients include for-profit and not-for-profit developers, health care institutions, academic institutions and law firms representing those entities. Marc confidently  represents clients before the City Planning Commission, Landmarks Preservation Commission, Board of Standards and Appeals, and City Council, and city agencies.

Some of the areas in which the firm has expertise are:

  • City Planning Commission approvals and variances for expansions and renovations
  • City Planning Commission approvals for major mixed-use development
  • City Planning Commission approvals for residential developments
  • Advice to commercial property owners regarding various issues associated with property ownership in New York City
  • Advice to adjacent property owners who seek to challenge anticipated expansions and development
  • Transfers of development rights
  • Advice to prospective purchasers regarding permitted uses development potential of properties
  • Advising cooperative boards in neighbor and area disputes

Real Estate and Zoning Litigation and Dispute Resolution

Marc Bresky represents owners, developers, commercial tenants, commercial landlords, contractors, and architects  in real estate and zoning disputes. He handles  all facets of litigation and have extensive experience both conducting trials involving real estate and construction matters and handling appeals.

Mr. Bresky advocates clients’ positions in non-litigation settings. We have successfully resolved numerous disputes through mediation, arbitration and settlement negotiations. We attempt to resolve disputes without litigation and in accordance with the overriding business purposes of our clients by utilizing the firm’s transactional and real estate litigation experience. When disputes cannot be resolved informally, by settlement or other alternative dispute resolution, we have successfully handled court trials and arbitration hearings, and both pretrial and post-trial appeals.

Some of the areas in which we have handled litigation include:

  • Commercial lease disputes
  • Lease renewal controversies and provision disputes
  • Contract disputes, including disputes involving contracts of sale and zoning lot development agreements
  • ‘Yellowstone’ injunctions
  • Construction eviction
  • Warranty of habitability
  • Purchase & Sale Agreement disputes
  • Construction Loan disputes
  • Land Entitlement disputes
  • Surrender and acceptance
  • Non-payment
  • Holdover by tenants and sub-tenants
  • Evaluation of property, including government takings
  • Challenges to zoning decisions
  • Permitted uses under zoning regulations
  • Judicial Foreclosure, Wrongful Foreclosure and Slander of Title Disputes
  • Private money loan disputes
  • Receiverships and Injunctive Relief

Insurance

Insurance Coverage Matters

The Firm’s insurance coverage practice works with policyholders both personal and commercial policyholders. Our attorney expertise is firmly rooted in securing coverage when carriers routinely deny claims. We have expertise in litigating against health insurance companies when coverage for life saving, cutting edge treatment is denied, and we litigate against property and casualty insurers for storm and other damage. We are committed to securing coverage when others say no. We offer comprehensive litigation for coverage recoveries, and complex resolution options that include strategic settlements and other options.

We have keen interest in and have handled insurance matters involving bad faith, business conduct, liabilities directors & officers/errors & omission, general liability, insurance broker liability,  property & business interruption, among other unique scenarios and situations.