Robert D. Werth is a highly-regarded litigator whose practice includes a wide range of civil litigation with an emphasis on complex commercial and real estate litigation in the New York state and federal courts for over 30 years.
His varied clientele, includes real estate owners, investors, developers, condominium and cooperative sponsors, boards of managers and boards of directors, brokerage firms, construction managers and general contractors, along with businesses, large and small, in the areas of commercial litigation involving breach of contract, business divorces, family disputes, corporate and partnership disputes, land use disputes, and 2real estate-related matters, complex accountings, and economic torts including fraud, breach of fiduciary duties, tortious interference claims and emotional distress claims.
Robert also has extensive complex commercial litigation experience representing his clients in disputes relating shareholder agreements, operating agreements, partnership agreements, oral joint venture agreements, financing agreements, employment contracts and brokerage agreements among others. Robert’s successes for his clients, includes seeking or defending judicial dissolution of business relationships through the BCL or the LLCL.
Robert’s real estate experience includes matters involving air rights disputes, construction and design defect claims, remediation matters, real estate brokerage litigation, commercial lease disputes, corporate governance of condominiums and cooperatives and related matters.
He also has represented appellants and respondents as part of his appellate practice throughout his career, including successfully preparing and defending interlocutory and general motions at the various New York State Appellate Divisions.
Robert has acted as general counsel for the Board of Managers of a 90-unit condominium in the City of New York for over 15 years, and has been general counsel for the Sponsor for roughly 20 years, relying on him for all issues relating to the ongoing operation of a condominium property.
He engages in select pro bono work, including by his representation of the Unkechaug Indian Nation located on Eastern Long Island, as well as for world-renowned spiritual leader, Shyamji Bhatnagar of SRI Centre International, an international not-for-profit organization.
Having represented a wide range of clients throughout his career, from Goldman Saks to ‘mom and pop’ businesses, Robert brings to each and every case his personal passion and desire for justice, providing each and every client with the personal attention they deserve.
- Maurice A. Dean School of Law at Hofstra University, J.D., 1989
- Frank G. Zarb School of Business at Hofstra University, M.B.A.1989Majors: Real Estate Development and Business Finance
- University of Maryland, College Park, Maryland, B.A. with Honors, 1985
- State of New York, 1990
- State of Florida, 1995
- U.S. District Court in and for the Southern District of New York, 1990
- U.S. District Court in and for the Eastern District of New York, 1990
- U.S. District Court in and for the Southern District of Florida, 1995
- Member, New York City Bar Association
- Member, New York County Lawyers’ Association
- Real Estate Investment Company – Litigation Arising from Dispute Partners: Represented the owner of a real estate investment, when the minority owner filed suit as a tactic to extort several million of additional funds. The Kings County Supreme Court dismissed all claims filed by the minority owner, and issuing sanctions of $2500, virtually unheard of. Kings County Supreme Court ruling affirmed. 587 Development Inc. v. 16 Avenue Z, LLC (76 AD3d 611 (2nd Dept. 2010)
- Family-Owned Limited Liability Company – Defense of Action for Judicial Dissolution under LLCL: Four cousins owned a single-entity real estate LLC. One cousin filed suit in the Suffolk County Commercial Division for judicial dissolution under Limited Liability Company Law §702, seeking to dissolve the LLC and force the sale of the property against client’s interest. The Court granted motion for summary judgment, denying dissolution and the sale of the property. In the Matter of Clifford Mickenberg v. 218 Thompson Street, LLC, et al, Supreme Court New York Co. Index No. 601842-15
- Real Estate Investor – Successfully Obtained Judicial Dissolution of LLC Based Upon Fraud: Represented majority member of an LLC, and based upon Nassau Commercial Division findings of fraud, extortion and other improprieties by the minority member, granted Petition for Judicial Dissolution, appointing client as the ‘liquidating trustee’, and authorizing the sale of the property to permit client to obtain the return of his initial investment in the failed development project. Dissolution of 16 Avenue Y, LLC, Sup. Ct. Nassau Co. Index No. 3015-09
- Real Estate Investor in Failed Casino Project in Sullivan and Suffolk Counties: Represented investors involved in a failed casino project to be erected on two sites; one in Suffolk County and the other in Sullivan County. Client was granted summary judgment and dismissal of all claims against him by the U.S. District Court for the Southern District of NY. D. Scott Caruthers v. Flaum, et al, SDNY Case No. 03 Civ 7768
- Hybrid Supreme Court/Surrogate’s Court Dispute Between Brother and Sister: Represent the brother in dispute between brother and sister, which started as dispute by mother against sister for fraudulent inducement, theft of funds and an accounting. Mother having passed, the case is moving to Surrogate’s Court. On behalf of client, obtained a Temporary Restraining Order and a Preliminary Injunction, preventing the sale of the primary asset of the estate by the sister. Fischer v. Greenspun, Sup. Ct. Kings Co. Index No. 504959-16