Ryan O. Miller

• Awards

  Award Methodology

  

  Super Lawyers

  2025

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• Full Biography

  Ryan O. Miller is a Partner in the New York office of Scarinci Hollenbeck, LLC. He brings nearly two decades of experience in both real estate and complex business litigation, having built his legal career through a rare combination of transactional fluency and litigation success. Prior to joining Scarinci Hollenbeck, LLC, Mr. Miller practiced at a boutique New York City firm, where he began as a law clerk in 2004 and rose to partner in 2010.

  Mr. Miller maintains a robust hybrid practice. He represents a wide range of clients, including buyers, sellers, developers, landlords, financial institutions, co-op and condominium boards, and business owners. He is often engaged to handle matters that span both transactional and litigation arenas, providing continuity of counsel when disputes arise from negotiated deals.

  Business and Real Estate Litigation

  Mr. Miller regularly handles high-stakes commercial disputes, including those involving land use, construction defects, trademark infringement, partnership and governance matters, condominium and co-op board issues, and contract disputes in both real estate and commercial settings. He has represented clients in federal and state trial and appellate courts in New York and New Jersey, as well as in other jurisdictions pro hac vice such as California, Missouri, and South Carolina and has appeared before administrative tribunals and arbitration panels, trying several cases to verdict.

  Real Estate, Corporate and Financing Transactions

  On the transactional side, Mr. Miller handles both commercial and residential property matters. He advises and represents a wide range of clients including buyers, sellers, developers, investors, landlords, banks, and market participants. His experience includes preparing co-op and condo offering plans, steering corporate restructurings, and negotiating and drafting operating or shareholder agreements. He manages due diligence, financial analysis, and preparation of documents such as purchase-and-sale agreements, leases, construction contracts, financing arrangements, mortgages, and security instruments.  Mr. Miller also handles a wide range of corporate transactional matters including the acquisition of businesses, corporate structuring, and corporate governance.

  Mr. Miller enjoys balancing transactional and litigation work, providing seamless and strategic counsel to clients with intertwined legal needs. His hybrid practice enhances the firm’s ability to represent clients comprehensively in both areas.

• Representative Matters

  Commercial and Real Estate Litigation

  • Brought a case to verdict on behalf of a shareholder against a board of directors in an upper east side cooperative corporation wherein the Court determined that we had proven, by a preponderance of the evidence that the board acted in bad faith resulting in an award for damages and attorneys’ fees in favor of the client/shareholder.
  • Represented a condominium board in raising issues of fact as to whether a sponsor-controlled board can be held personally liable for breach of fiduciary duty and breach of contract.  See Bowery 263 Condominium v. D.N.P. 336 Covenant Avenue LLC, 169 A.D.3d 541, 95 N.Y.S.3d 35 (1st Dept. 2019).
  • Represented an individual condominium owner suing a board and an individual board member.  The Appellate Division First Department determined that issues of fact did exist as to whether that board member breached his fiduciary duties owed to the client/individual condominium owner.  See Lisa Goldberg Qualified Personal Residence Trust under agreement dated December 12, 2024 v. The BOARD OF MANAGERS OF THE MADISON SQUARE CONDOMINIUM, et al., 181 A.D.3d 542, 122 N.Y.S.3d 274 (1st Dept. 2020).
  • 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 commercial lender in providing commercial and construction financing for ground up development in Brooklyn, Manhattan, Upstate New York, and in New Jersey.
  • Represented a company acquiring various parking garages as both stand alone buildings and within condominium developments.
  • 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

  * Results may vary depending on your particular facts and legal circumstances.

• Publications

  “The Third Series: A Review,” 77 New York State Bar Journal 30

  March 31, 2005

• Awards & Recognitions

  • Super Lawyers magazine, New York Super Lawyers®, Real Estate Category, 2020-2025

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.