JANICE MAC AVOY WINS MOTION TO DISMISS FOR CLIENT TISHMAN SPEYER

In a recent dispute, Fried Frank's ace lawyer Janice Mac Avoy has successfully moved for a motion to dismiss for the firm's client Tishman Speyer.

New York City, NY (prHWY.com) September 27, 2012 - USA, - In a recent dispute, Fried Frank's ace lawyer Janice Mac Avoy has successfully moved for a motion to dismiss for the firm's client Tishman Speyer. The case involved a brokerage commission dispute with former real estate broker Peter R. Friedman Ltd.

Janice Mac Avoy is one of the top most real estate attorneys in New York and is the co-head of the same department of the leading law firm Fried Frank. One of the most sought after attorneys for matters involving complex commercial litigation and arbitration, she has fought and won cases for various high end clients. For her work in the field, she has also earned many accolades like the "Commitment to Justice Award" for her extensive work on and long-term commitment to family law cases referred to her by inMotion.

"The action was brought by former real estate broker Peter R. Friedman Ltd., who, in the mid-1980s, served as Saatchi & Saatchi's broker in connection with their 800,000-square-foot lease of office space located at 375 Hudson Street." Janice said. "The space initially served as Saatchi & Saatchi's US headquarters. In 2008, Tishman Speyer entered into a new lease with Saatchi & Saatchi, extending the lease to 2023. The plaintiff brought a breach of contract claim seeking a US$3 million upward "adjustment" to the initial brokerage commission he received from Tishman Speyer in connection with the original lease, arguing that he was entitled to an additional commission based on the fixing of the rent for the final rent period. The original lease had provided that rent for the final rent period would be based on a percentage of fair market value. That's where we came in and helped Tishman in getting the entire motion dismissed."

The dismissed complaint is the third action brought by the plaintiff asserting a claim for an additional commission based on the new lease. The plaintiff's initial action, in which the plaintiff alleges that the new lease is a renewal of the original lease and asserts a claim for an additional commission in connection with the alleged renewal, is currently sub-judice on summary judgment.

The case is only one amongst the many successfully fought disputes by Janice and her team. Despite all the complications the case presented, the arguments made by Janice compelled Judge Shirley Kornreich of the Supreme Court, New York County to dismiss the plaintiff's latest complaint on the grounds that:

* The action should have been brought as part of the initial action and,
* The plaintiff's interpretation of the language in the brokerage agreement clearly contradicts its plain meaning, which made clear that Friedman was not entitled to any additional commission in connection with the final rent period.

ABOUT THE ATTORNEY

Janice Mac Avoy is a member of the litigation department, co-head of the real estate litigation practice group and co-chair of the pro bono committee of the leading law firm Fried Frank. In her illustrious career, she has successfully represented countless clients in complex real estate-related disputes, commercial litigation and arbitration, commercial fair market rent arbitrations, regulatory and SEC enforcement actions and internal investigations. She also has extensive experience in handling matters involving creditor's rights, including complex commercial real estate mortgage foreclosures and UCC foreclosures, workouts and restructuring of real estate secured debt.

CONTACT INFORMATION
Janice Mac Avoy
Phone: +1.212.859.8182
Fax: +1.212.859.4000
Email: janice.macavoy@friedfrank.com
Website: http://www.friedfrank.com/

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Tag Words: attorney, law

Categories: Law

Press Release Contact
Janice Mac Avoy
Phone: +1.212.859.8182
Fax: +1.212.859.4000
Email: janice.macavoy@friedfrank.com

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