Elizabeth D.Schrero

Partner

Commercial Litigation

eschrero@seyfarth.com

New York

+1 (212) 218-5522

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Elizabeth is an aggressive and tenacious litigator who counsels clients on strategic ways to achieve their objectives in the most expeditious and efficient manner possible.

More About Elizabeth

Commercial real estate owners and tenants face increasing challenges as demand for and use of commercial space, particularly retail and office property, continue to change. Owners and tenants need to adapt to change and build flexibility into their leasing agreements. In some instances, parties need to use litigation as a tool to attain their objectives, whether to enforce, modify, or terminate agreements. Owners and tenants also need advice relating to their ownership and use of premises as part of strategic planning or crisis management. Residential cooperative and condominium boards also seem to be experiencing a tidal wave of change, with a new generation of owners seeking to take over governance of boards, sometimes with proxy fights and contested board elections. Cooperative and Condominium boards are also managing compliance with mandated structural inspections and work to address enhanced public safety requirements and climate change, which are creating disruption and disputes with owners. Elizabeth has developed a deep understanding of commercial and high-end residential real estate and real estate litigation. She also provides advice to commercial and residential property owners, developers, commercial tenants, brokers, and cooperative and condominium boards and apartment owners. Elizabeth has been recognized as a “Best Lawyer” (Woodward/White Inc.) for real estate litigation from 2020 to 2023.

Elizabeth assists clients by providing strategic and practical advice to resolve disputes and navigate problems, as well as aggressive litigation when necessary. Her unique, results-oriented approach to disputes and real estate business operations draws on her extensive experience in negotiations and counselling on a wide variety of real estate matters, along with a broad range of real estate litigation. Elizabeth maintains long-term relationships with clients, often assisting them through litigation crises and following their resolution. In addition, Elizabeth handles general commercial litigation and business disputes such as corporate dissolution proceedings and partnership disputes, as well as post-acquisition disputes and family estate litigation.

Elizabeth has a broad range of litigation experience in the state, federal, and bankruptcy courts and administrative agencies, as well as alternate dispute resolution forums. She uses her litigation experience and knowledge to counsel clients and resolve potential disputes with regard to critical business and operational decisions. Elizabeth's real estate litigation experience includes complex commercial lease disputes, contract deposit and other acquisition-related disputes, mechanic's lien and other construction-related litigation, brokerage disputes, and commercial and residential cooperative corporation and condominium disputes. These include election and governance disputes, breach of fiduciary duty and other claims between boards and owners, foreclosure proceedings, high-end residential landlord/tenant matters, and real estate brokerage disputes.

Elizabeth represents developers, as well as condominium associations and cooperative corporations in default and work out matters. She has represented lenders and other lien holders in foreclosure proceedings and guaranty actions. She also represents property owners, tenants, real estate brokers, and others as creditors in bankruptcy proceedings.

One of Elizabeth's trial successes include entirely defeating a multimillion-dollar damages claim against a client after more than seven years of contentious litigation, a finding of liability, and an eight-day causation and damages hearing with 15 witnesses.

Elizabeth obtained a unanimous award in a Real Estate Board of New York arbitration for recovery of a co-brokerage commission from the exclusive agent which cut her client out of a more than $8 million sale.

Summary judgment was recently awarded to a client in a complex mechanic's lien foreclosure proceeding, voiding the multi-million dollar lien based upon the client’s defense of willful exaggeration, following eviction, in record time, of commercial subtenants that defaulted under their franchise agreements and long-term commercial sublease.

Elizabeth qualified as a Receiver in 2021. She is currently serving as a Receiver in a post-judgment enforcement proceeding involving turnover of shares of a closely held corporation.

Elizabeth's work is highly collaborative, with clients and their other professionals, and also with members of Seyfarth teams from other practice groups including transactional real estate, construction, L&E, and others. She is a tenacious and aggressive litigator and has a solid record of litigation and trial successes. Elizabeth's approach to her work is always laser focused on achieving the client's objectives by whatever means are necessary and most efficient. She approaches each dispute or problem as one to be solved and is good at bringing parties together to do just that, whether during a contentious litigation or as an alternative to litigation.

What's inventive, creative, and unexpected about Elizabeth's delivery of services is that the depth and breadth of her real estate experience enhances her litigation and counselling roles and creates a unique and strategic perspective that informs all of her work. She enjoys working with the wide range of excellent attorneys across Seyfarth's practice areas and offices, with whom she collaborates.

  • JD, Boston University School of Law
  • AB, Brown University

    Magna cum laude

  • Massachusetts
  • New York
  • US Court of Appeals, Second Circuit
  • US District Court, Eastern District of New York
  • US District Court, Southern District of New York

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