Sample Listing of Results Achieved

A sample listing of the results achieved by the Law Offices of Donald J. Tobias:

Business and Commercial Litigation

  • Successfully obtained numerous “large dollar” recoveries, on behalf of its institutional and government agency clients, against defaulting loan obligors and guarantors.
  • Successfully defeated claims and counterclaims raised against lender clients alleging, among other things, “lender liability,” usury and related defensive theories.
  • Successfully stopped competitors from infringing on clients’ trade names and trade styles.
  • Successfully stopped persons employed by clients from misappropriating customer lists and engaging in acts of unfair competition.
  • Successfully enforced clients’ payment rights under various kinds of commercial agreements.
  • Successfully defended real estate developer clients against claims brought by purchasers of residential units.
  • Successfully represented owners of various businesses, including shopping centers and retail enterprises, in disputes with partners and other co-owners.
  • Successfully represented manufacturing and retail clients in cases involving alleged breaches of product warranties.
  • Successfully represented construction subcontractors in litigation brought against prime contractors and real estate owner/developers.

Asset Liquidation

  • Successfully employed remedies, authorized under the Uniform Commercial Code, to liquidate, without the need for judicial intervention, lender clients’ collateral.
  • Successfully employed pre-judgment remedies in order to bring about the immediate seizure of pledged collateral.

High-End Collections and Judgment Enforcement

  • Successfully recovered, for the benefit of its institutional and government agency clients, previously secreted and/or undisclosed debtor assets.
  • Successfully domesticated and enforced numerous out of state judgments.
  • Successfully stopped, on behalf of lender and other business clients, the unlawful disposition and transfer of debtor assets.

Business and Commercial Mortgage Foreclosure

  • Successfully completed a multitude of commercial mortgage foreclosure actions that have been brought in virtually all corners of New York State.
  • Successfully preserved foreclosed property by seeking and obtaining the appointment of a receiver of rents and profits.
  • Successfully completed post-foreclosure proceedings to render the foreclosed property free of occupants.
  • Successfully prosecuted proceedings to obtain deficiency judgments against defaulting loan obligors.


  • Successfully completed proceedings to vacate automatic bankruptcy stays and enable lender clients to complete the foreclosure process.
  • Successfully challenged the feasibility of selected Chapter 11 reorganization plans.
  • Successfully challenged efforts to have indebtedness owing to client deemed non-dischargeable.
  • Successfully represented bankruptcy trustees in effort to recover substantial sums deemed to have been preferentially transferred.
  • Successfully defended business entities that were deemed, by a bankruptcy trustee, to have received preferential payments.
  • Successfully prosecuted bankruptcy and related appeals.

General Business, Real Estate and Transactional Matters

  • Successfully represented a multitude of clients in the purchase and sale of a wide variety of enterprises, including chemical plants, retail establishments and service oriented businesses.
  • Successfully represented a multitude of clients in the purchase and sale of commercial, industrial and residential real estate.
  • Successfully represented a multitude of clients in connection with the leasing of office and industrial space.
  • Successfully represented a multitude of clients in the negotiation and implementation of loan and mortgage agreements, insurance contracts, employment agreements and business transactional documents.


845 Third Avenue, 11th Floor
New York, New York 10022
Telephone: 212-759-4200

Martindale Hubbell 2023

Contact The Law Offices of Donald J. Tobias regarding Business and Commercial Litigation, Mortgage Foreclosure, Creditors’ Rights and General Business, Real Estate and Transactional Matters.