Matthew N. Tobias is special counsel in the firm’s litigation group. He is a veteran civil litigator with over two decades of experience handling a wide variety of real estate and general commercial litigation, including contract and lease disputes, mortgage lien priority disputes, disputes concerning real property and mortgage title defects, disputes concerning the governance and operation of condominiums and cooperatives, disputes concerning access to neighboring properties, construction litigation, and landlord/tenant disputes. Mr. Tobias has a track record of achieving successful results at both the trial and appellate court levels.

In addition, Mr. Tobias has served as general counsel for many condominiums and cooperatives throughout the city, providing guidance on matters of corporate governance, the operations and management of residential buildings, and resident issues. Mr. Tobias previously served for many years on the Board of Directors of his own cooperative, including as President. Thus, he has a keen understanding of the issues involved in managing a cooperative and considers these issues from the perspectives of both an attorney and a Board member.

Mr. Tobias graduated from Cornell University in 1996 with a Bachelor of Science in Communication. He received his Juris Doctor from Fordham University in 2000, where he was a member of the Fordham Law Review.

Representative matters that Mr. Tobias has handled include:

Blinds to Go (U.S.) Inc. v. MIPA 59/Third Owner LLC, (Sup. Ct. N.Y. Co. Index No. 652163/2022)
Successfully defended owner of commercial unit of condominium against claims for specific performance of sale of unit for $33,500,000.00, breach of contract, injunction, and promissory estoppel. Plaintiff voluntarily agreed to discontinue action with prejudice following the filing of a motion to dismiss.

Dolcimascolo, et al. v. Bd. of Managers of Dorchester Towers Condo., et al,
2022 N.Y. Misc. LEXIS 9463 (Sup. Ct. N.Y. Co. Sept. 29, 2022)
Successfully moved to dismiss amended complaint brought by former lessees of condominium unit against condominium management asserting claims of defamation, false arrest, malicious prosecution, negligence, prima facie tort, and intentional and negligent infliction of emotional distress.

Chelsea Village Realty Trust v. 316 West 14 Realty Assocs. LLC (Sup. Ct. N.Y. Co. Index No. 656138/2019)
Successfully prosecuted an RPAPL § 881 proceeding on an emergency basis to obtain access to neighboring property owner’s courtyard to perform critical structural repairs to client’s six story medical office building. Following the Court granting access, negotiated and drafted so-ordered license agreement specifying the terms of access.

KBS Sheapshead Bay, LLC v. Terrapin Design Group LLC, et al., 2019 N.Y. Slip Op. 31367(U) (Sup. Ct. N.Y. Co. May 13, 2019), aff’d, 189 A.D.3d 620 (1st Dep’t 2020)
Successfully represented mortgage lender in a lien priority dispute against Bank of New York. Obtained summary judgment declaring client lender’s $2,160,000.00 mortgage lien to be superior to Bank of New York’s earlier recorded $2,720,000.00 mortgage lien on the basis of laches, and defeating Bank of New York’s attempt to extinguish client’s mortgage lien. Summary judgment affirmed on appeal.

Lasalle Bank N.A. v. Daniels, et al., 2019 N.Y. Slip Op. 50211(U) (Sup. Ct. Kings Co. Jan. 7, 2019)
Successfully represented property owners against foreclosure of their $1,800,000.00 home by prior owner’s mortgage lender. Obtained summary judgment finding that Plaintiff mortgage lender was precluded from foreclosing based on laches and estoppel.

E.C.I. Financial Corp. v. First American Title Insurance Company of New York, 121 A.D.3d 833 (2d Dep’t 2014)
Successfully obtained summary judgment dismissing complaint brought by insured against title insurance company asserting claims seeking damages for breach of contract and indemnification due to alleged failure to timely record insured’s mortgage.

Perry v. 61 Jane Street Tenants Corp., 2011 N.Y. Slip Op. 31244(U) (Sup. Ct. N.Y. Co. May 10, 2011)
Successfully represented residential cooperative in connection with “Pullman” proceeding where cooperative terminated an undesirable tenant-shareholder’s proprietary lease and shares due to repeated objectionable conduct.

 

Witham v. vFinance Investments, Inc., 2007 N.Y. Slip Op. 52306(U) (Sup. Ct. N.Y. Co. Nov. 21, 2007), aff’d, 2008 N.Y. Slip Op. 05757 (1st Dep’t 2008)
Obtained injunction in aid of arbitration preventing brokerage house from enforcing a margin call and selling over 100,000 shares of petitioner’s stock in publicly traded company of which petitioner was a principal.