Alfred R. Fuente represents real estate investors, developers, motor vehicle dealerships, lenders, borrowers, high net worth individuals, and closely held businesses in complex litigation and highvalue transactions. His practice focuses on protecting enterprise value, managing risk, and closing sophisticated deals under pressure.
The matters discussed below include high-stakes litigation, regulatory disputes, and sophisticated real estate transactions in the federal courts in the Southern and Eastern Districts of New York, New York State Supreme Court, New York City Civil Court, the Office of Administrative Trials and Hearings (OATH) and arbitration proceedings
Federal Litigation and Arbitration
- Secured dismissal in SDNY of federal consumer finance claims under Truth In Lending Act (TILA), Electronic Funds Transfer Act (EFTA), and the Magnuson‑Moss Warranty Act on behalf of a motor vehicle dealership.
- Obtained multiple favorable AAA arbitration awards resulting in dismissal of claims under Truth In Lending Act (TILA), Equal Credit Opportunity Act (ECOA), Fair Credit Reporting Act (FCRA), the New York Motor Vehicle Retail Installment Sales Act, General Business Law §§ 349 and 350, and common‑law fraud and conversion.
- Obtained and opposed motions to compel arbitration in federal court and New York State Supreme Court
- Successfully represented clients in arbitration hearings and at trial in commercial landlord-tenant court and Civil Court
Real Estate Litigation
- Defended property owners in right‑of‑first‑refusal disputes, partition actions, and RPAPL 881 proceedings.
- Represented tenant-in-common of New York real estate in partition litigation involving forced sale and valuation disputes.
- Represented property owners in boundary and title disputes involving competing claims to ownership and access rights
- Obtained and opposed CPLR 6301 emergency orders to show cause in real estate litigation
Regulatory and Administrative Defense
- Successfully defended client before OATH, eliminating hundreds of thousands of dollars in Department of Buildings enforcement exposure.
- Represented owners in DOB enforcement and regulatory matters, including Certificate of No Harassment proceedings and building code violations.
- Represented motor vehicle dealership under investigation by the City of New York’s Department of Consumer and Worker Protection
- Developed and executed jurisdictional and service‑of‑process defenses for a hotel owner in litigation brought by the City of New York, forestalling judgment and foreclosure.
Commercial Litigation
- Defeated breach of contract claim seeking rescission and damages for alleged fraud and odometer rollbacks in New York Supreme Court on behalf of a motor vehicle dealership
- Successfully vacated and secured default judgments in New York State Supreme Court and New York City Civil Court.
Real Estate Transactions
- Negotiated multiple multimillion dollar 50-year ground lease agreements on behalf of landlords
- Represented foreign purchaser in an $11.5 million allcash acquisition, including air rights.
- Structured the acquisition of a mixeduse Brooklyn property for investment partners.
- Represented an owneroccupier in acquiring multiple commercial condominiums.
- Represented sellers of environmentally impacted land with New York State Department of Environmental Protection violations in upstate New York.
- Negotiated and closed an allcash acquisition following the purchaser’s death prior to closing.
- Extensive experience representing purchasers and sellers of multifamily buildings, new development transactions, single family homes, co-ops, condos, and investment properties
Commercial Leasing
- Represented restaurants and bars before local community boards and in the negotiation and leasing of commercial spaces
- Negotiated and structured lease of commercial space to a licensed New York cannabis dispensary, navigating regulatory compliance and landlord risk allocation.
- Represented landlord in leasing a 16,000squarefoot warehouse.
- Represented small business owners in the negotiation and leasing of retail condominium units
Finance and Structured Transactions
- Represented floorplan lender in negotiating a $20 million credit facility
- Represented floorplan lender in negotiating a $15 million credit facility
- Represented buyers and sellers in 1031 exchanges, coordinated hardmoney financing, negotiated loan terms, and prepared FIRPTA filings.