Our Approach
Dorf Nelson & Zauderer's Real Estate Litigation Group represents title insurance carriers and their insureds, owners, landlords, developers, investors, cooperatives, and condominiums in virtually every kind of real estate dispute — from title insurance coverage and defense to commercial landlord-tenant proceedings, ownership and governance battles, and construction litigation. Our attorneys work as a single team of litigators and transactional counsel, matching the right experience to each matter to resolve disputes quickly, efficiently, and conclusively, through motion practice, trial, appeal, or mediation.
Title Insurance Coverage & Defense
Title insurance coverage and defense is a cornerstone of the Real Estate Litigation Group and one of the deepest such practices in New York. For decades we have been called upon by title insurance companies on all aspects of coverage, and we are routinely retained by many of the largest title insurers in the nation to defend the interests of their insureds and of the companies themselves. Our team includes some of New York's most experienced title litigators.
We advise carriers, insurers, agents, and insureds at every stage of a title dispute — from the initial coverage determination through cost-effective motion practice, trial, appeal, or mediation — with the goal of resolving claims quickly, efficiently, economically, and conclusively. Representative work includes:
- Coverage analysis, coverage opinions, and coverage litigation
- Defense of insureds and carriers in title claims
- Quiet title actions and title defense actions
- Complex title and easement disputes
- Forgery, fraud, and bad-faith claims
- Title agent disputes
- Corrective deeds
- Mechanics liens and lien priority disputes
- Boundary disputes and adverse possession claims
Commercial Landlord-Tenant Practice
The Group's commercial landlord-tenant practice is led by Edmond O'Brien, Joelle B. Taub, and Evelyn P. Flores, seasoned landlord-tenant litigators who appear regularly in the Commercial Landlord/Tenant Part of the Civil Court and in Supreme Court on behalf of building owners and landlords. James E. Schwartz adds significant trial and appellate depth to the practice, representing institutional and private landlords, management firms, and cooperative and condominium boards in real estate-related disputes. Together they routinely handle:
- Commercial nonpayment and holdover proceedings
- Yellowstone injunctions and lease-default disputes
- Commercial rent payment and rent-recovery disputes
- Lease enforcement and possessory actions
- Tenant bankruptcy filings and related litigation
- Sponsor and commercial tenant disputes
Ownership, Governance & Partnership Disputes
We represent partners, shareholders, boards, sponsors, and unit owners in disputes over the ownership, control, and management of real property, including:
- Real estate partnership disputes
- Shareholder and board disputes
- Cooperative and condominium law and disputes
- Derivative claims
- Managing agent disputes
- Partition proceedings
Construction, Property & Regulatory Disputes
The Group also handles the disputes that arise from building, owning, and operating real property, including:
- Construction and design defects
- Roof, terrace, basement, and chimney disputes
- Access and licensing agreements (RPAPL Section 881)
- Party wall disputes
- Air rights
- Housing discrimination disputes
- Mortgage foreclosure claims
- Bankruptcy issues
- Enforceability of covenants
- Breach of contract
- Regulatory issues

