Commercial & Business Corporation Disputes

• A Brooklyn real estate developer in the defense of a lawsuit by a disgruntled former investor seeking millions of dollars in distributions alleged to have been wrongfully withheld.
• WeWork in coordinating the resolution of contract disputes with contractors in Georgia and Virginia.
• A Manhattan art gallery in the defense of claims by an artist whose consigned art was damaged during Hurricane Sandy.
• The operator of a Queens senior day care center against its business partner in a dispute concerning allegations of fraud, self-dealing and breach of fiduciary duty.
• A French citizen in the defense of a lawsuit by an international art consortium seeking $30 million in damages and injunctive relief based on an alleged oral agreement between the firm’s client and the former corporate raider who inspired the fictional character Gordon Gekko in Oliver Stone’s 1987 film Wall Street.  Joshua successfully obtained pre-discovery dismissal of the lawsuit on jurisdictional grounds.

Commercial Real Estate & Construction Disputes

Joshua regularly provides litigation advice to commercial developers and management companies, working closely with the firm’s real estate transactional group.  He has also prosecuted and defended dozens of commercial summary proceedings in New York City housing courts.

• Sugar Hill Capital Partners in multiple lawsuits related to the highly publicized sale of the former Prospect Park Residence in Brooklyn.  Joshua led the firm’s litigation of a first-impression lawsuit seeking specific performance on behalf of SHCP against the seller, including successfully defeating repeated attempts to obtain pre-trial dismissal, and he negotiated the multi-party resolution of multiple lawsuits clouding title to the property, including claims of harassment and neglect by the elderly and disabled residents of the facility against the seller that threatened the client’s transaction.  Joshua also coordinated the settlement of a related judicial foreclosure action and multiple wrongful death lawsuits against the seller.  As a result of the cross-department teamwork between Joshua and the firm’s real estate transactional group, the client successfully closed and took possession of the property.
• WeWork in the defense of multiple New York State labor law claims arising from alleged construction site injuries.  Joshua led the firm’s representation on behalf of the owners, tenants and managing agents, including multi-party insurance coverage disputes.
• JDS Development Group in several commercial, construction and title disputes.
• Starwood Capital in the negotiation of lease amendments and surrender agreements.
• Bimbo Bakeries USA in the defense of a property damage claim brought by the landlord of a Bronx distribution facility.  Joshua brought third-party claims against the adjoining landowner, and successfully negotiated the settlement prior to trial.
• The owner of a prestigious Manhattan residential development in a complex, multi-party construction dispute with a Chinese manufacturer and a domestic surety.   Joshua led the pre-trial negotiations that resulted in a multi-million dollar settlement for the firm’s client.
• Walter & Samuels in several real estate transactions.
• The Board of Managers of the 50 West 47th Street Condominium in foreclosure actions involving commercial unit owners in the Gem Tower.
• Several Manhattan property management companies in disputes involving real estate brokerage commissions for commercial leases in New York City.
• A commercial tenant in an action against the landlord for its refusal to perform an asbestos abatement following a sublease and renovation.
• A prestigious New York interior designer in prosecuting breach of contract claims in arbitration claims before the American Arbitration Association against a former client. Joshua successfully negotiated the client’s pre-hearing settlement.

Residential Real Estate Disputes

• Residential tenants in the defense of an ejectment action in New York State Supreme Court by commercial developer Harry Macklowe. Joshua successfully negotiated a multi-million dollar buy-out for the tenants prior to trial.
• Manhattan cooperative unit owners in disputes against directors for self-dealing and breach of fiduciary duty. Joshua has extensive experience with cooperative and condominium board disputes, including representation of a board member and condominium unit owner in a dispute concerning allegations of wrongful manipulation of board votes.

Employment Disputes

• Colliers International and its corporate predecessors FirstService Williams and GVA Williams in claims arising from alleged breach of employment agreements against former employees. Joshua successfully led the firm’s representation in several New York lawsuits, as well as a Connecticut dispute involving a former shareholder alleged to have violated non-compete and non-solicitation agreements. He also successfully prosecuted several claims for real estate brokerage commissions involving commercial leases.
• Douglas Elliman, the fourth largest real estate brokerage in the United States, in the successful resolution of claims against a building superintendent for self-dealing. Joshua worked closely with Kasowitz’s employment team to resolve counterclaims and led the firm’s prosecution of a related ejectment action.
• Fatcat Billiards in the defense of statutory wage and tip violations by current and former employees. Joshua also successfully negotiated the dismissal of charges brought against the corporation before the National Labor Relations Board.
• Real estate management companies in tenant disputes, including the successful defense of retaliation charges brought by the New York State Division of Human Rights in connection with unauthorized conduct by a former employee.
• A Manhattan anesthesiologist alleging breach of a services contract against her former employer and medical office.

Tort / Insurance Claims

• Injured patients in dozens of complex medical malpractice claims against public and private physicians and hospitals. Joshua has successfully tried several medical malpractice and tort cases to verdict across New York State.
• Private individuals in high-profile, multi-million dollar insurance claims involving personal injury and property damage claims. Joshua has extensive experience acting as personal counsel for insureds concerned with potential conflicts of interest by assigned insurance counsel, personal liability above insurance policy limits, and bad faith claims against insurers.
• WeWork in insurance disputes related to general liability and excess coverage for New York labor law claims, including claims for common law and contractual contribution and indemnification claims for construction contracts.
• A private individual in tort claims asserted within a matrimonial case between former partners. Joshua has also worked closely with the firm’s sophisticated matrimonial department in business disputes between former spouses.

Creditors Rights

• A joint venture in several actions to foreclose on more than $300 million of loans, and to recover personal guarantees.
• Private individual and corporations in numerous post-judgment enforcement actions across New York State, including special proceedings to obtain turnover of cooperative shares in multi-million dollar apartments. He has also defended claims by creditors against membership interests and has successfully prosecuted enforcement proceedings against debtors. Joshua’s post-judgment enforcement proceedings have been profiled in the New York Law Journal.

• Joshua A. Siegel Interviews Colliers Tri-State Regional President on Maximizing Potential of Property and Real Assets October 25, 2022
• Kasowitz Defeats Summary Judgment Motion in Real Estate Dispute Concerning Two Luxury Fifth Avenue Buildings March 30, 2022
• Kasowitz Obtains Preliminary Injunction in Bleecker Street Real Estate Matter November 28, 2018