Ryan Miller Biography
Mr. Miller joined the firm in 2004 as a law clerk while still in law school and has been with the firm ever since. He became a partner in June 2010.
Mr. Miller has a robust “hybrid” legal practice. He has extensive experience representing clients in the real estate and corporate transactional worlds, as well as in a wide array of complicated business litigation matters. Indeed, he often finds himself called upon to represent a transactional client who also becomes involved in litigation, either as a plaintiff or defendant.
Mr. Miller’s litigation practice focuses on complex commercial litigation, typically involving land use, construction defects, trademark, partnership/business-governance problems, condominium and cooperative board issues, and contract disputes in real estate and business contexts. More particularly, he has handled many cases between a landlord and tenant over a commercial lease, between a property owner and contractor over a construction project, and among investors and financial institutions involving financing and investment issues. Mr. Miller litigates in federal and state courts, at both trial and appellate levels, and has also handled cases before a variety of administrative agencies and tribunals. He has tried several cases to verdict.
On the often-related transactional side, Mr. Miller’s practice concentrates on real estate and financing transactions involving both residential and commercial properties. He represents buyers, sellers, developers, investors, landlords, banks and other market participants. Mr. Miller has years’ of experience preparing co-op and condo offering plans; handling corporate restructurings, frequently negotiating and drafting comprehensive operating and shareholder agreements; and conducting due diligence and financial analysis for real estate and land use deals. Mr. Miller often assists clients in negotiating the terms of transactions and then drafts the necessary legal documentation, such as purchase-and-sale agreements, space leases, construction contracts, financing documents, security instruments and the like.
Mr. Miller is adept at, and greatly enjoys, moving between his transactional and litigation work. Like the firm’s practice in general, Mr. Miller’s dual litigation and transactional practices are complimentary, helping him effectively represent the firm’s clients in both areas.
Representative Matters
Commercial and Real Estate Litigation
- Represented a condominium board against a unit owner involving non-payment of common charges and assessments, resulting in a favorable award to the board after a lengthy arbitration hearing
- Defended a company accused of cyber-squatting and trademark infringement, resulting in a favorable settlement shortly before trial in the Southern District of New York
- Defended a land owner sued by a neighbor for trespass, nuisance and a permanent injunction, resulting in dismissal of the action following trial
- Represented a lender to enforce an atypical loan, resulting in a favorable decision and final judgment, and leading to foreclosure for the client
- Represented a 20-year business to defend an unfiled trademark, resulting in a favorable settlement prior to trial
- Defended a rent stabilized tenant in an eviction proceeding, resulting in an appellate decision upholding a residential Yellowstone injunction protecting the client
- Represented a tenant-in-common property owner to enforce the tenancy agreement, resulting in a favorable trial court decision and a subsequent favorable settlement
- Represented a manufacturer to enforce a substantial nonpayment claim, resulting in a favorable settlement during trial
Transactional Matters
- Represented a development company in its acquisition of a substantial commercial property using crowd funding
- Represented a commercial developer in its acquisition of several buildings in Manhattan and Brooklyn
- Represented a developer on a “ground-up construction,” which included drafting the offering plan and assisting in the eventual sale of condominium units in the building
- Represented a commercial investor for all aspects of a private offering, which included drafting the subscription agreements for acquiring membership interests
- Handled all aspects of residential real estate transactions from contract inception to closing, for both purchases and sales, for a countless number of clients (in the neighborhood of some 2,000 transactions)
- Handled all aspects of substantial commercial leasing transactions for many clients, both landlords and tenants, which typically included negotiating the terms and preparing the lease documentation
- Represented both private and institutional lenders in many financing transactions involving the acquisition of both commercial and residential real property, typically negotiating and drafting the complex collateralization documentation
- Represented cooperative and condominium boards on many occasions, involving myriad issues concerning the operation, governance and management of co-op and condo living arrangements, such as preparing by-laws, proprietary leases, and house rules; advising on policies and procedures, including leasing/subleasing rules, maintenance/repair procedures, safety/security issues, apartment renovation requirements, quiet enjoyment provisions, and the like; and counseling boards on the multitude of governance and management issues that arise in the co-op/condo living context
Professional Activities
New York State Bar Association
Publications
“The Third Series: A Review,” 77 New York State Bar Journal 30, March/April 2005
Education
New York Law School (J.D. 2006)
University of Maryland (B.A. Government and Politics, 2003)
Honors: Citation in College Park Scholars Program, Citation in Spanish
Bar & Court Admissions
New York
New Jersey
United States Supreme Court
U.S. District Court for the Southern and Eastern Districts of New York