PETER W. SMITH LAW LLC
Civil Litigation -- New York and New Jersey
Since 1997 I have tried, argued, mediated, and settled civil disputes in the state, federal, and bankruptcy courts of New York and New Jersey. I opened Peter W. Smith Law LLC in 2016, after nearly twenty years at mid-sized and large firms in New York City and New Jersey.
Over nearly thirty years, my practice has covered both sides of most of the disputes I handle: banks and borrowers in commercial and residential lending disputes; owners and developers as well as contractors, subcontractors, and sureties in construction disputes; and both insureds and carriers in insurance disputes.
My clients have included individuals, closely held and public companies, financial institutions, manufacturers, investors, professionals, insurers, and sureties. Every client receives my personal attention, at competitive rates, and we work closely to develop creative and cost-effective solutions to problems.
LENDING AND FINANCE
Commercial mortgage foreclosure, rent receiverships, loan workouts, guaranty enforcement, and deficiency claims. Foreclosure defense. Lender liability and lending practices claims, prosecuted and defended. Secured transactions and UCC disputes. Defense of a European bank in multi-year RICO, fraud, and conversion litigation in the United States District Court for the Southern District of New York brought by four international banks arising from a failed commercial credit facility.
BUSINESS AND CONTRACT
Breach of contract. Fraud, conversion, civil RICO, and other business torts. Business divorce and dissolution, shareholder and member disputes, and derivative actions. Commercial leases, employment agreements, sale of goods, and investment agreements. Consumer fraud and protection act claims.
CONSTRUCTION
Commercial and residential construction defect claims, mechanic's liens, payment and performance disputes, and surety bond claims. Clients have included owners, developers, general contractors, subcontractors, design professionals, and sureties.
REAL ESTATE
Ownership, transfer, and use of real property. Commercial purchase and sale disputes, including contingent and post-closing consideration, deed restrictions, and closing obligations. Actions to set aside or sustain deeds, leases, and powers of attorney, including quiet title, quia timet, and reformation. Commercial landlord and tenant matters.
BANKRUPTCY, FRAUD, AND SECURITIES
Complex fraud and securities litigation, fraudulent transfer and clawback defense, and contested bankruptcy proceedings. As a senior member of a team representing more than 1,000 victims of the Madoff fraud, I defended more than 120 fraudulent transfer actions, litigated core issues in the Madoff bankruptcy, and pursued class claims against those who participated in the fraud.
JUDGMENT ENFORCEMENT
Collecting judgments, including judgments obtained by other lawyers, and defending against enforcement.
INSURANCE AND SURETY
Coverage and bad faith claims, subrogation, property damage, and fidelity and surety bond claims, for both policyholders and carriers.
CONDOMINIUM
Transition claims, disputes over common elements and their maintenance, and contract and tort claims among associations, boards, and unit owners.
MATRIMONIAL AND DOMESTIC PARTNERSHIP
Divorce, litigation over separation and post-marital agreements, and property disputes between unmarried domestic partners.
TRIALS AND APPEALS
Bench and jury trials in the state and federal courts of New York and New Jersey, including trials in the Chancery Division, General Equity. Appeals in the New Jersey Appellate Division and in the federal courts of appeals, including arguments before the United States Courts of Appeals for the Second and Eighth Circuits.
EDUCATION. Boston University School of Law, J.D. (1997) // Rutgers College, Rutgers University, B.A. (1993)
BAR ADMISSIONS. New Jersey and the United States District Court for the District of New Jersey (1997) // New York and the United States District Courts for the Southern, Eastern, and Northern Districts of New York (1998) // United States Courts of Appeals for the Second, Third, and Eighth Circuits
MEMBERSHIPS. Bar associations of New York, New Jersey, and New York City.
1 Blue Hill Plaza, Suite 1509
Pearl River, New York 10965
45 Essex Street, 3rd Floor
Hackensack, New Jersey 07601
Attorney Advertising. Prior results do not guarantee a similar outcome. Contacting the firm does not create an attorney-client relationship