Joshua E. Kimerling

Awards + Recognitions

• The Best Lawyers in America®; 2021-2024
• SuperLawyers® New York Metro Edition; 2013-2023

Professional Associations

• Dutchess County Bar Association
• American Bar Association
• New York Bar Association

Presentations + Publications

“Love Thy Neighbor: Current Case Law and Strategy for Litigating Adverse Possession Claims, Easement Claims, and Other Neighbor Disputes”
Dutchess County Bar Association
Panelist
September 21, 2023

“Distinctions Among and Strategy Points Regarding Claims for Equitable Subrogation”
May 24, 2017
Lecturer

“Court Holds Claims of Forged Deeds Not Subject to Time Limits,”
New York Law Journal, August 4, 2015, p. 4
Author

“Narrowing the Applicability of Adverse Possession Amendments,”
New York Law Journal, August 10, 2011, p. 4
Author

“Landlord and Tenant Law in New York,”
July 18, 2008
Lecturer

“Legal Issues for New York Land Surveyors,”
June 20, 2008
Lecturer

“Adverse Possession,”
Continuing Legal Education Seminar, October 27, 2008
Lecturer

“Door Opened to Adverse Possession Claims,”
New York Law Journal, October 26, 2006, p. 4
Author

“Litigation of Contract Disputes to Judgment and Collection in New York,”
June 12, 2002
Lecturer

“Real Estate and Landlord Tenant Issues in New York,”
1999, 2000, 2001
Lecturer

“The Drafting of Relocation Clauses and the Challenges it Presents”
The Matrimonial Strategist, 14 No. 4, p. 1, May 1996
Author

“Black Male Academies: Re-Examining the Strategy of Integration,”
Buffalo Law Review, Vol. 42, p. 829 (Fall 1994)
Author

Selected Matters

• Won summary judgment motion in a title litigation matter in which they obtained an order directing that their client, a national lender bank, could record a copy of its lost original mortgage and declaring that the mortgage was a priority lien against the subject property. The decision also dismissed various counterclaims that had been asserted by the borrower.
• Successfully obtained the dismissal of a constructive trust claim asserted against their client following the purchase of approximately 84 acres of land in Dutchess County, New York. In the lawsuit, the plaintiff had claimed that he was entitled to a constructive trust over approximately ten acres of the land pursuant to a prior agreement with his deceased father. In dismissing plaintiff’s constructive trust claim, the Supreme Court, Dutchess County, agreed with Cuddy & Feder’s argument that the plaintiff had waived rights to the land based on a Consent to Probate executed by the plaintiff years earlier in connection with his father’s estate.
• Achieved summary dismissal of breach of contract and other claims against a shopping center owner-landlord brought by a tenant for whom the shopping center was being expanded. The claims sought hundreds of thousands of dollars in damages based on allegations that the expansion project breached the tenant’s lease and interfered with its business.
• Recently obtained a decision allowing his client, a national bank, the right to amend its complaint to assert claims aimed at rectifying various title issues that arose because of erroneous property descriptions in multiple deeds and mortgages. The case, pending in Richmond County Supreme Court and involving multiple property owners and mortgage holders, as well as municipal entities, will now proceed to correct the faulty property descriptions.
• In a mortgage foreclosure action, we successfully vacated a competing lender’s default foreclosure judgment obtained against our client’s predecessor by arguing that the competing lender failed to comply with certain statutory notice of pendency requirements and that the foreclosure judgment improperly sought to foreclose on a spouse’s 50% interest in the subject property that it did not have a lien against.
• Successfully convinced a Brooklyn judge to grant our client specific performance of a real estate purchase and sale contract from 2004.
• Successfully represented 4 former directors and officers of Pharmagen, Inc., a now-defunct corporation, in a lawsuit in which the Plaintiff, who had sold his business to Pharmagen several years ago and had been an employee of one of its subsidiaries, sued our clients along with other former directors and officers for several million dollars in damages under various theories of contract, tort, and state law claims, all of which were premised on the theory of piercing the corporate veil. The court (Judge Ramos of SDNY) granted our motion to dismiss on the grounds that it lacked personal jurisdiction over our clients. Specifically, the court held the Plaintiff failed to plead any grounds sufficient to confer the court with jurisdiction over the Defendants under New York’s long arm statute and dismissed the amended complaint.
• Successfully represented a landlord against a former tenant claiming over $4 million for breach of lease and negligence. In response to the tenant’s complaint, interposed a counterclaim for rent and possession of the premises, the latter of which was granted in 2015. Thereafter, in October 2016 applied to the Court for summary judgment dismissing all of the tenant’s claims against the landlord on the basis of certain provisions in the lease. In January 2017, the Court granted the motion and dismissed all of the tenant’s claims against the landlord and ordered the parties to appear for a settlement conference at which Cuddy & Feder secured a settlement of $100,000.00 for the landlord on the counterclaims for unpaid rent.
• Counseling property owners, lenders and title insurance companies in easement, title, real estate and adverse possession actions.
• Bringing and defending actions between commercial landlords and tenants.
• Representing both employers and employees in breach of contract cases and disputes regarding restrictive covenants and non-competition agreements.
• Representing real estate developers and property owners in Article 78 proceedings involving municipal approvals.
• Handling commercial foreclosure actions involving multi-million dollar mortgages.
• Completing trials in a wide array of matters including adverse possession actions, construction litigation, breach of contract actions, and landlord-tenant proceedings.
• Successfully arguing appeals and engaging in all aspects of appellate advocacy; and counseling clients to achieve successful and cost-effective resolutions prior to and during litigations, including through alternate dispute resolution and mediation.

Community Service

• United Way of Westchester and Putnam; Board Member
• Legal Services of the Hudson Valley; Former Board Member
• Hudson Valley Justice Center; Former Board Member

Extracurricular

• Josh is a lifelong Westchester County resident, who resides with his family in Dobbs Ferry.