Litigation Services

Our deep understanding of the hospitality industry allows us to develop litigation strategies that cater to the needs of our restaurant and bar clients.  Our Litigation team is experienced in litigating cases in both New York State and Federal courts.

Commercial and Business Litigation

Litigation, or the threat of litigation, is a normal occurrence in the hospitality industry. Whether a client has a dispute with a partner, vendor, contractor, insurance carrier, or anyone else, Helbraun Levey’s team of litigators have experience with all types of commercial and business litigation cases.

Employment/Wage and Hour Litigation

Developing clear employment practice policies is crucial to preventing — or minimizing the likelihood of — labor and employment problems within your restaurant or bar. Even the best operators, though, can be subject to employment-related lawsuits.

Helbraun Levey has a dedicated team of litigators and professionals that focus on Employment Practices and understands the complex issues that often arise in the hospitality industry. Our team can help protect your business and your employees from issues arising from:

• Wage and Hour Lawsuits
• Sexual Harassment
• Tipping Violations
• Discrimination Lawsuits
• NYS Paid Family Leave Act

Landlord/Tenant Disputes

Landlord/tenant issues are likely to arise at some point during a business’s lifecycle. Helbraun Levey’s litigation team handles all aspects of commercial landlord/tenant litigation – both tenant and landlord side. We have deep experience with the New York commercial real estate market and have advised businesses and their landlords through every kind of related proceeding.

Helbraun Levey handles all manner of commercial landlord/tenant disputes including:

• Evictions
• Default Claims
• Yellowstone Injunctions
• Unpaid Rent Claims
• Property Damage Claims

Americans with Disabilities Act (ADA) Defense

Helbraun Levey’s team is essential in helping our clients navigate the complexities of lawsuits brought under the ADA and related state and local laws. The law’s requirements often create unique challenges to effectively address accessibility with appropriate remediation plans.

Whether legal action is brought against your physical space or your website, our team can spearhead an efficient plan of action to both mitigate risk and achieve compliance.

We also help our clients foresee issues with ADA compliance in storefront buildouts, website designs and commissioning feasibility studies.

New York City Office of Administrative Trials and Hearings (OATH) Defense

Helbraun Levey’s team is instrumental in assisting our clients with hearings against New York City agencies, (such as the Department of Environmental Protection and the New York City Fire Department) held before OATH. These hearings are essentially small-scale criminal trials which can result in fines from OATH and other penalties.

For something as simple as noise violations to operating an unlicensed or non-complaint outdoor dining structure, it is possible for an establishment to receive hefty fines or license suspension/revocation through the OATH hearing process.

Our attorneys are experiences with the nuances of various local laws and are prepared to vigorously defend our clients and seek dismissal of such charges.

We are also regularly able to secure mitigated penalties from OATH, allowing for lower fines to be paid along with no additional penalty for the business.