A buyer walks away from a signed contract. A neighbor blocks the driveway you have used for years. Co-owners of an inherited house cannot agree on what to do with it. A contractor leaves the job half-finished and unpaid bills turn into a lien on your property. When a real estate problem puts your money, your property, and your peace of mind on the line, you want a clear answer about where you stand and a plan to protect what is yours.
That is what we do. Toporowski Law, PLLC is a litigation boutique based in Albany, New York. We represent business owners, property owners, buyers and sellers, landlords, and HOA and condo boards in real estate disputes of nearly every kind, from a blown closing to a boundary fight to a major construction defect. If you are looking for a real estate litigation attorney, or a real estate dispute lawyer who can act quickly and is ready to go to court, that is our focus.
We have local roots and statewide reach. From our Albany home base to the Hudson Valley and New York City, you work directly with founder Matthew A. Toporowski, an experienced litigator, not a rotating cast of associates. That means a straight answer about your options before you spend a dollar more than you need to. Below is a plain-English guide to the disputes we handle. Every situation is different, so use it as a starting point and reach out for advice on your specific facts.
Emergency and Injunctive Relief: When a Real Estate Dispute Can’t Wait
Some real estate problems cannot wait for the normal court timeline. When a closing is about to happen, a property is about to be sold or transferred, or your rights are about to be lost, the move is to get into court immediately.
We file orders to show cause seeking temporary restraining orders and other emergency relief, and we have obtained court orders on an expedited basis, in some cases within hours, to preserve the status quo and protect a client’s stake in a property while the dispute is sorted out. Tools like a lis pendens (a recorded notice that warns buyers and lenders of your claim to the property) and a preliminary injunction can stop a sale or transfer before the harm is done. If your situation is time-sensitive, contact us right away; the sooner we are involved, the more options you have.
Purchase and Sale Disputes, Failed Closings, and Earnest Money
When a real estate deal falls apart, you may have more options than you realize. We represent buyers and sellers when a closing collapses, when one party tries to walk away, and when the fight is over who keeps the earnest money or down payment held in escrow.
These disputes turn on the contract and on who actually breached. We review the purchase agreement, the contingencies, and the closing timeline, then work to recover or protect your deposit, pursue your damages, or hold the deal together. The right move depends on whether you want out, want your money back, or want the property, and we build the case around that goal.
Specific Performance: Forcing the Deal to Close
Sometimes money damages are not enough, and New York law recognizes that. Because each piece of real estate is treated as unique, a court can order specific performance, meaning a reluctant buyer or seller may be directed to actually complete the sale on the agreed terms rather than simply pay for walking away.
We pursue specific performance for buyers facing a seller who got a better offer, and we defend against specific performance claims that should not succeed. Whether the remedy is available depends on the contract, your own performance, and the facts. These cases can move quickly and may involve recording a notice that affects the title, so getting advice early matters.
Boundary, Easement, Title, and Quiet Title Disputes
Disagreements over where your property ends, who can use a driveway or right-of-way, or whether there is a competing claim on your title can stall a sale and cost you the use of your land. We handle boundary line disputes, fence and encroachment problems, and easement disputes, both enforcing access rights and defending against claimed ones.
When ownership itself is in question, a quiet title action asks a court to establish who owns the property and resolve competing claims, so the public record reflects the true owner. We bring and defend quiet title actions to clear a cloud on a title so you can sell, refinance, or simply use your property in peace.
Partition Actions for Co-Owners Who Can’t Agree
When two or more people own property together and can no longer agree on what to do with it, a partition action is the legal tool that resolves the deadlock. This comes up constantly among heirs who inherited a house, former business partners, and unmarried couples who bought together and have since split.
If the property cannot be fairly divided, which is usually the case with a single home or building, a court can order it sold and the proceeds distributed according to each owner’s share. A court can also make adjustments for things like who paid the mortgage, the taxes, or for improvements. We represent co-owners on both sides, whether you want to force a sale and get your equity out, or you want to stay and buy out the other owner.
Commercial Landlord-Tenant Disputes
For commercial landlords and business tenants, a lease problem is a business problem, and timing matters. We handle commercial lease disputes, tenant defaults, holdover situations where a tenant stays past the end of the term, and commercial evictions, including fights over rent and additional charges, alleged breaches, options to renew, and security deposits.
Commercial leases are negotiated documents, and the outcome usually rides on the exact language and on getting the procedure right. We move to enforce or defend the lease efficiently, with an eye on keeping your building occupied and your business running. We focus on commercial matters and do not handle routine residential tenant defense.
Construction Defects, Contractor Disputes, and Mechanic’s Liens
When a building project goes wrong, the money at stake adds up fast. We represent owners against builders and contractors over defective or incomplete work, cost overruns, missed deadlines, and projects that do not match the contract or the plans.
We also handle mechanic’s liens, a claim a contractor or supplier can file against your property when they say they were not paid. A lien can interfere with your ability to sell or refinance, so these matters often need prompt attention. Whether you need to challenge an improper or overstated lien or pursue a contractor for poor work, we help you understand your position and the options for getting the project, and the property, back on track.
Broker and Real Estate Commission Disputes
Disputes over real estate commissions can arise after a deal closes, after it falls through, or when more than one broker claims credit for the same sale. We represent buyers, sellers, owners, and brokers in commission disputes, including questions about whether a commission was actually earned, who was the procuring cause of a sale, and whether a listing or brokerage agreement was breached.
These cases are document-driven and often resolve once the agreements and the actual sequence of events are laid out clearly. We focus on what the agreement says and what the law requires, so we can press for the right party to be paid.
Why Toporowski Law
You get an experienced attorney on your case from day one. Toporowski Law is led by founder Matthew A. Toporowski, a commercial litigator, former prosecutor, and former appellate law clerk. Matt litigates and tries cases in state and federal courts throughout New York, as well as in arbitration. He is admitted in New York and Pennsylvania.
We know real estate from the inside. Beyond the courtroom, Matthew Toporowski is an active real estate investor and a licensed New York real estate broker who has handled his own purchases, sales, leases, and financing. That perspective means we understand how deals actually come together, and where they fall apart, from the vantage point of buyers, sellers, landlords, brokers, lenders, and inspectors, not just the law. Real estate professionals regularly turn to us when a transaction starts to go sideways, and we have helped clients protect their position and recover deposits when a deal collapses.
What that means for you is direct access, fast responses, and litigation-ready advocacy without the overhead and layered billing of a large firm. You work with the attorney handling your matter, not a rotating cast of associates. We are honest about your options, including when a negotiated resolution serves you better than a courtroom fight.
With local roots in Albany and a reach across all of New York, including the Capital Region, the Hudson Valley, and New York City, we are positioned to help wherever your property is.
Frequently Asked Questions
What does a real estate litigation attorney do?
A real estate litigation attorney handles legal disputes involving property, as opposed to the paperwork of a routine closing. That includes broken purchase contracts and failed closings, fights over a deposit or earnest money, specific performance to force a sale, boundary and easement disagreements, quiet title actions, partition actions between co-owners, commercial landlord-tenant disputes, construction defects and mechanic’s liens, and broker commission claims. The goal is to protect your rights in the property or your money, through negotiation, by motion, or at trial when needed.
Can a court force someone to go through with a real estate sale?
Sometimes, yes. Because each piece of real estate is treated as unique, New York courts can order a remedy called specific performance, which can direct a reluctant buyer or seller to complete a signed deal on the agreed terms rather than just pay damages. Whether it is available depends on the contract, your own performance, and the specific facts. If a deal you have a signed contract for is falling apart, it is worth getting advice quickly, because these matters can move fast.
Someone filed a mechanic’s lien on my property. What do I do?
A mechanic’s lien is a claim a contractor or supplier files against your property when they say they were not paid. It can block a sale or refinance, so it usually deserves prompt attention. If you believe the lien is improper or overstated, there are ways to challenge it and protect your title. The right move depends on the details, so have the lien and your project documents reviewed as soon as you can.
How long do I have to bring a real estate claim in New York?
It depends on the type of claim. New York sets different deadlines, called statutes of limitations, for different real estate disputes, and some situations also require prompt action to preserve your position, such as responding to a mechanic’s lien or a recorded notice affecting your title. Because missing a deadline can end an otherwise strong case, do not assume you have plenty of time. Contact us so we can assess the specific deadlines that apply to your situation. There are no guarantees about outcomes, but you will leave with a clearer understanding of where you stand.
Talk to a New York Real Estate Litigation Attorney
If a property deal, a co-owner, a neighbor, a tenant, or a contractor is standing between you and what is yours, let’s talk. Schedule a consultation and we will review your documents and tell you where you stand. Toporowski Law serves clients from its Albany home base to the Hudson Valley and New York City.
Attorney Advertising. This website is for general information only and does not constitute legal advice or create an attorney-client relationship. Prior results do not guarantee a similar outcome. Toporowski Law, PLLC, 150 State Street, Albany, NY 12207.
From our blog: Handling a Mechanic’s Lien on Your NY Property · Collecting Unpaid Common Charges
