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Peter Sverd

Attorney Profile

Top Rated Business Litigation Attorney in New York, NY

Law Office of Peter Sverd, PLLC
225 Broadway, Suite 613
New York, NY 10007
Phone: 646-776-2668
Fax: 212-964-9516
Selected to Super Lawyers: 2021
Licensed in New York Since: 2003
Practice Areas: Business Litigation (80%), Civil Litigation: Plaintiff (10%), Real Estate: Consumer (10%)
Attorney Profile

Owner and senior trial attorney for The Law Offices of Peter Sverd, PLLC, Mr. Sverd represents clients throughout the New York City Metropolitan area.

Mr. Sverd’s practice is focused on business and commercial litigation matters, including matters involving real estate litigation, shareholder disputes, contractor disputes, and business and commercial litigation. Representing both corporations and individuals, he also manages residential and commercial landlord-tenant matters, breach of fiduciary duties, judgment enforcement actions, shareholder derivative actions, partition actions and actions to quiet title.

Admitted to practice in the state of New York since 2003, Mr. Sverd is also admitted to practice before the United States District Court for the Eastern District of New York, the United States District Court for the Southern District of New York, the United States Court of Appeals for the 2nd Circuit and the United States District Court for the Northern District of New York.

With almost two decades of experience, he is confident that he can handle commercial and business matters in both state and federal courts.

Mr. Sverd has a Bachelor of Arts and a Master of Arts in public policy analysis from the State University of New York at Stony Brook and a Juris Doctor from St. John’s University School of Law. The Suffolk County District Attorney’s Office, East End Bureau, awarded him an Outstanding Prosecutor recognition, and he was a contributor to Long Island’s Citizens Energy Master Plan.

For the Incorporated Village of Poquott, Mr. Sverd served as the village attorney for almost a decade. During this time, he was an adviser to the Planning Board and Zoning Board of Appeals, the Code Enforcement, the trustees, and the mayor.

Practice Areas
  • 80%Business Litigation
  • 10%Civil Litigation: Plaintiff
  • 10%Real Estate: Consumer

Selections

1 Years Super Lawyers
  • Super Lawyers: 2021

White Papers

  • The Poison Pill in N.Y. Co-op Sales Contracts (2018) - The contingency of “unconditional consent” to the transaction by the Co-op Board
  • N.Y. Industrial Hemp Pilot Program Gets Input From the Public (2018) - Sverd Comments Proposed Regulations
  • Is The U.C.C. Lien Filed Against Your N.Y. Co-op Valid? - In 2001, the New York Uniform Commercial Code was amended to require lenders to amend previously filed U.C.C. liens against your co-op apartment to include a Cooperative Addendum. The amendment (which also governed co-op liens filed after the law went into effect) gave your Lender until June 30, 2006 to update their previous filings to include the Cooperative Addendum. The failure of your lender to update the U.C.C. lien field against your co-op resulted in the lien being valid for five (5) years, thereby requiring the lender to file ‘continuations’ of the lien to keep the lien active and enforceable until a U.C.C. termination as filed. Should the U.C.C. lien filed against your co-op become invalid it is no longer a valid lien against your apartment and the lender has lost its security interest in your home. The mere fact that the U.C.C. lien filed against your Coop does not contain a Cooperative Addendum does not mean that you are no longer obligated to pay your lender; you are still bound by the terms of the cooperative loan note that you signed. However, depending on the facts and circumstances that surround your loan and the status of your repayment you may find the U.C.C. amendment to be a very useful as part of your legal strategy. If you are in default of your loan re-payment obligations the lender has six years to commence a lawsuit against you to enforce its rights under the note, or be time- barred. So, what should happen in the event that: your lender has failed to include the Cooperative Addendum to the U.C.C. lien it filed against your coop apartment and has not filed the requisite continuations; and, the landlord has not commenced a law suit against you more than six years after you stopped or are in default of making payments under the note? Couple this set of facts with the legal doctrine that the courts will not permit a borrower to use the statute of limitations defense as a cause of action upon which to seek affirmative relief (statute of limitations can only be used as a defense if you are sued by your lender in this fact pattern). Interesting brain teaser and lawsuit. If you have a coop loan it can’t hurt to review the paperwork or check the public record to be sure that the lender properly filed the Cooperative Addendum and/or continuations along with the U.C.C. lien that it filed against your apartment.
  • Did Depositing that Check Just Settle Your Dispute? (2019) - As a general rule, acceptance of a check in full settlement of a disputed unliquidated claim operates as an accord and satisfaction discharging the claim.
  • Cooperative Shareholder Granted Yellowstone Injunction (2017) - Cooperative Shareholder Granted Yellowstone Injunction; Interest in the Proprietary Lease Remains Intact; and Court Rebuff’s the Stripping of the Shareholder’s Right to Vote 
  • The First Department Dismisses Petition on Pleading Defect: $600,000 Judgment Against a Corporate Insider Vacated (2019) - In a May 2018 Decision, the Appellate Division of the New York State Supreme Court,  First Department, vacated a $661,000 judgment entered against a corporate insider for a company debt incurred from a commercial lease. The lawsuit was commenced in January of 2013 and ran its course some 5 years later.
  • Seller of Real Estate and the Broker Liable for Defrauding the Buyer? (2018) - Sometimes buyers of real property are unpleasantly surprised by the condition of the property that they just purchased. Is there a legal remedy?
  • Commercial Tenants Must Take Steps to Cure Defaults: Yellowstone Injunctions (2019) - In a court case that began in February 2014, a trial judge in Brooklyn permitted a night club operator more than two years to demonstrate they could comply with city noise requirements and try to avoid getting their lease terminated. After multiple sound testing by both the tenant and the landlord, an expert recommended additional improvements. Despite the tenant’s own expert’s advice, the tenant did not obtain a proposal to complete the recommended work for another year and a half. In February 2016, The Trial Court granted the tenant a Yellowstone Injunction, which temporarily postponed eviction. The Landlord appealed the trial court’s decision and argued that the tenant had failed to provide evidence that it was willing and able to ‘cure the default’, and failed to remedy the problems identified by its own expert.In September 2018, more than three years since the start of this action, the Appellate Court ruled that the tenant failed to demonstrate its willingness and ability to cure the violation. Since the tenant did not demonstrate any effort to correct the problem between the last test conducted by its own expert in October 2014 until their submission of reply papers to the Supreme Court on February 2016, they lost the case.The case demonstrated the need to always do what you can to demonstrate to the Court that you are in fact willing and able to cure your defaults under a commercial lease. When you are seeking a Yellowstone Injunction, it is not enough to express your “willingness and ability” to cure the violation; you must meet this burden by “doing” the things that will “cure the violation,” whenever possible and to your fullest extent.Save your space, save your business!

About Peter Sverd

First Admitted: 2003, New York

Professional Webpage: https://www.sverdlawfirm.com/owner-senior-trial-attorney/

Educational Background

  • Master of Arts, Public Policy Analysis, Stony Brook University, 1999

Bar/Professional Activity

  • United States District Court, Northern District of New York, 2019
  • New York State Bar Association, 2003
  • United States Court of Appeals for The Second Circuit, 2019
  • United States District Court, Southern District of New York, 2006
  • United States District Court, Eastern District of New York, 2004

Videos

  • What is all the hoopla? This upcoming joint session of congress will be a historic day. What does the Constitution say? Is Bush v. Gore instructive? What are objections? What does the process look like? No ordinary day at the office- because, procedurally and legally, this is likely to be a "first" for our nation. I am buckling up- keep your hands inside the vehicle at all times. G-d Speed., January 6th Counting Electors "Votes Regularly Given" , Election Law; And Commentary. Published Before January 6, 2021, 2021
  • New York law working through committee to lock away people and groups of people who MAY be contacts or carriers of COVID and force treatment. WITHOUT A HEARING. Unconstitutional proposed law, to keep us "safe." Liberty Under Attack. Protect your liberty against Govt. overreach., Removal and Detention Involuntary Confinement of Contacts and Carriers who MAY endanger the Health of Others in N.Y. , Lawmaking, Constitutional Law, Public Policy, 2020
  • Recent Executive Orders and Supreme Court decision have greatly impacted immigration policy in the U.S. Immigration attorney Sara Lachman of Lachman Law provides her insights into Deferred Action for Childhood Arrivals (DACA) is a United States immigration policy that allows some individuals with unlawful presence in the United States after being brought to the country as children to receive a renewable two-year period of deferred action from deportation and become eligible for a work permit in this country. There are also travel bans from COVID Hotspots around the world where work visa's (HB, J) Petitions are not being processed. This is done in an effort to keep jobs open for American worker's during the COVID recession and unemployment pandemic. Learn about recent trends in immigration with cutting edge content in this conversation. Sarah Lachman Visit the Lachman Law firm at: https://www.lachmanlaw.org/ Visit our website https://www.sverdlawfirm.com Law Offices of Peter Sverd, PLLC 225 Broadway, Suite 613 New York, NY 10007 (646) 751-8743 Attorney Advertising Only. Prior results do not guaranty future results. This content is for educational purposes and should not be relied upon for legal advice, Immigration Law Update, Real Estate And Business Professionals, 2020
  • New York's 2019 Tenant Protection Act. Advanced written notice is required to raise the rent over 5% or to NOT renew the residential lease. You gotta know this- or risk getting burned. New York State Real Property Law § 226-c. Notice of rent increase or non-renewal of residential tenancy Effective October 2019 1. Whenever a landlord intends to offer to renew the tenancy of an occupant in a residential dwelling unit with a rent increase equal to or greater than five percent above the current rent, or the landlord does not intend to renew the tenancy, the landlord shall provide written notice as required in subdivision two of this section. If the landlord fails to provide timely notice, the occupant's lawful tenancy shall continue under the existing terms of the tenancy from the date on which the landlord gave actual written notice until the notice period has expired, notwithstanding any provision of a lease or other tenancy agreement to the contrary. 2. (a) For the purposes of this section, the required notice shall be based on the cumulative amount of time the tenant has occupied the residence or the length of the tenancy in each lease, whichever is longer. (b) If the tenant has occupied the unit for less than one year and does not have a lease term of at least one year, the landlord shall provide at least thirty days' notice. (c) If the tenant has occupied the unit for more than one year but less than two years, or has a lease term of at least one year but less than two years, the landlord shall provide at least sixty days' notice. (d) If the tenant has occupied the unit for more than two years or has a lease term of at least two years, the landlord shall provide at least ninety days' notice. Visit us at www.sverdlawfirm.com Call us: 646-751-8743 At the Law Offices of Peter Sverd, PLLC we use litigation as a means to meet the goals and objectives of our clients—the “litigation” is not the end onto itself. We take a very pragmatic and pointed approach to litigation. We take the time to learn the objectives and goals of our clients at the onset of the representation, and then we use all of the tools in our litigation arsenal to achieve the client’s objectives. Because we take the time to learn and understand the individual needs of the people, businesses, and companies that we represent, we take the most direct paths in the litigation to achieve your objectives. As a referral based business our law firm’s success is built on providing exceptional legal services to each and every client., 2019 Tenant Protection Act. NY Landlords & Tenants: Did You Put that in Writing, Real Estate And Business Professionals, 2020
  • The leasing agreement that you signed with your Real Estate Broker for listing your property for rent likely has an overlooked provision that may cost you tens of thousands of dollars! This popular provision says that you must pay a commission to your broker if the tenant that they find for you purchases your property at some time in the future. This is a sticky provision, and you may find yourself obligated to pay a real estate commission that you did not realize you had to pay. Look out for this provision; negotiate; and guide your actions accordingly. If you have questions give us a call: 646-751-8743 or email us at: www.sverdlawfirm.com, 12% Real Estate Brokerage Commission. What's in Your Listing Agreement?, Real Estate And Business Professionals, 2020
  • Peter Sverd Law Firm Overview. Who we are. What we do. Our philosophy and approach to litigation. Our relationship with our clients. This video was taken of a live presentation that Peter Sverd, Esq. gave to Manhattan Business Group, in November 2019. Thank you for taking the time to learn about my law firm. Peter, Presentation: About the Firm, Real Estate And Business Professionals, 2019
  • Congratulations. You formed your LLC or set up your corporation, so your personal assets will always be protected from third parties. Right? Wrong. Like any shield or veil they can be “pierced” or “set aside” rendering them unable to protect or hide the person behind it. In the context of “corporate veil piercing” the protection that the shield and veil affords are stripped away to permit litigants and creditors to attach personal liability to you, the owner of the business. “Piercing the Corporate Veil” is a legal doctrine created by the courts to remedy injustices perpetrated by business owners in the course of commerce. To pierce the corporate veil the court will find that the defendant abused the privilege of doing business in the corporate form to perpetrate a wrong or injustice against another party., Take My Business, Not My Home. Part 2, Real Estate And Business Professionals, 2019
  • Why Should I Incorporate? Corporate Veil. Law Offices of Peter Sverd Youtube channel where we educate, inform, and introduce entrepreneurs, business owners, and real property professionals about the law, best practices, and the do’s and dont’s that you should all know and follow. This video discusses creating the corporate veil to protect your personal assets while conducting business. Part I of the video series “Take My Business, Not My Home.” Visit our website: www.sverdlawfirm.com Join our Mailing List: https://lawofficesofpetersverdpllc.activehosted.com/f/9 Request a Consultation: https://lawofficesofpetersverdpllc.activehosted.com/f/7 Purchase our E-Book “Take My Business, Not My Home” (Link to ) There are many reasons to incorporate your business or form a limited liability company. My favorite reason, and the topic of today’s video , is to protect your personal assets from creditors, and customers of your business by creating and maintaining a “Corporate Veil.” In future videos we will cover the ways in which others can “pierce the corporate veil” and take your home in addition to your business, to satisfy their judgments. As business owners you do not want to your personal assets, your home, bank accounts, cars, jewelry, and your income to be invaded to satisfy judgments, liabilities and debts that your business incurs. The general rule is that corporations and companies are separate legal entities which are wholly distinct from their owners, so the debts, liabilities and judgments of the company will remain those of your company, and your own assets will be shielded and protected. Remember the woman whose lap was burned by McDonald’s Coffee at that take-out window? What if the McDonalds franchisee was made personally liable for her injuries? The financial life of the owner and his or her family would be ruined. What about the business that delivers damaged or non-conforming goods and is sued for $25,000? $50,000? or $5,000,000? Would you like your house to be sold to satisfy the debt of your business? OF COURSE NOT. The purpose of creating the corporate veil is to ensure that your company is the sole entity that is 100% liable for the judgments it incurs, and to keep your personal assets 100% safely out of the hands of your business creditors. The purpose of creating the corporate veil is to ensure that your company is the sole entity that is 100% liable for the judgments it incurs, and to keep your personal assets 100% out of the hands of your business creditors. To create the corporate veil, You must file legal documents with the state to create the “separate legal entity.” Incorporating your business or forming your limited liability company creates the “corporate veil” or “shield” which is the essential step to protecting your personal assets. If you have not legally incorporated or formed a limited liability company you do not have the protection of the “corporate veil” and your personal assets are at risk. As separate legal entities, these business “are not” their owners and operators; they are separate and distinct in the eyes of the law, each being responsible for its own separate liabilities and obligations. You are not a “legally recognized” Corporation or Company, If you are conducting business in your own name, or in the name of a “d/b/a.” “Fred Smith Contracting Services” and “Irene Jones d/b/a Irene’s Home Cleaning” may have separate bank accounts for the business, fancy letterhead, advertising campaigns and terrific cashflow. But legally, Fred Smith and Irene Jones and their respective businesses are the “same individuals” in the eyes of the law. and both Fred and Irene are personally liable for the debts and obligations of their businesses. If you do not file articles of incorporation, or your articles of formation with the state then your business is not a “separate legal entity” and you have no corporate veil shielding your personal assets. The corporate shield is not created by simply placing the letters “inc” or “LLC” after your name. You can always check with the department of state or Secretary of State to determine if your company is listed in its company database. It’s never too early to consult with a legal professional to confirm that you have created a legal and durable corporate veil. This is the first step in protecting your personal assets from your businesses liabilities. Protect your personal assets and save your home., Take My Business, Not My Home. Part 1, Real Estate And Business Professionals, 2019
  • At the Law Offices of Peter Sverd, PLLC we use the federal, state, and local courts, to provide litigation solutions for the business and commercial challenges that arise between businesses, and amongst business owners. Our Pre-Litigation Services help our clients learn about the law that they are struggling with and we educate our clients about their options and best options moving forward. Because we take the time to learn and understand the individual needs of the people, businesses, and companies that we represent, we are able prepare and plan a pre-litigation strategy that will set you on the course to achieving your objectives with, or without litigation. It is never too early to get started. Contact us for an evaluation today, Pre-Litigation Services We Provide, Real Estate And Business Professionals, 2019
  • At the Law Offices of Peter Sverd, PLLC we use litigation as a means to meet the goals and objectives of our clients—the “litigation” is not the end onto itself. We take a very pragmatic and pointed approach to litigation. We take the time to learn the objectives and goals of our clients at the onset of the representation, and then we use all of the tools in our litigation arsenal to achieve the client’s objectives. Because we take the time to learn and understand the individual needs of the people, businesses, and companies that we represent, we take the most direct paths in the litigation to achieve your objectives. As a referral based business our law firm’s success is built on providing exceptional legal services to each and every client., Areas of Litigation Services Provided, Real Estate And Business Professionals, 2019
  • At the Law Offices of Peter Sverd, PLLC we use litigation as a means to meet the goals and objectives of our clients—the “litigation” is not the end onto itself. We take a very pragmatic and pointed approach to litigation. We take the time to learn the objectives and goals of our clients at the onset of the representation, and then we use all of the tools in our litigation arsenal to achieve the client’s objectives. Because we take the time to learn and understand the individual needs of the people, businesses, and companies that we represent, we take the most direct paths in the litigation to achieve your objectives. As a referral based business our law firm’s success is built on providing exceptional legal services to each and every client., Client Driven Litigation, Client Driven Results, Real Estate And Business Professionals, 2019
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Office Location for Peter Sverd

225 Broadway
Suite 613
New York, NY 10007

Phone: 646-776-2668

Fax: 212-964-9516

Last Updated: 8/3/2021

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