Samuel B. Moskowitz
Practice Focus and Experience
Sandy Moskowitz practices in the Real Estate, Business, and Litigation areas. He has extensive experience in a broad range of real estate matters, including resolution of complex title issues, leasing, development, conveyancing, and mortgage lending. Over his 30+ year legal career, Sandy has developed an acknowledged expertise in all facets of condominium law, including both residential and commercial condominium development, operation, and financing.
Sandy’s practice also concentrates on real estate and business litigation, entertainment law, and the representation of closely held businesses, for which he serves as general counsel and advisor. Since its inception in 2004, Sandy has consistently been named a Massachusetts “Super Lawyer” from a poll of Massachusetts attorneys conducted by Law and Politics Magazine. Sandy is also peer review rated “AV® Preeminent™” by Martindale-Hubbell, the highest bestowed rating given.
- Won summary judgment and subsequent appeal in a precedent-setting Supreme Judicial Court case successfully defending the development of, and title to, a 40-unit condominium with an aggregate market value of over $20 million after an adjacent condominium claimed to own its land.
- Won summary judgment in Land Court successfully defeating a challenge to the allocation of percentage interests between a condominium’s restricted, affordable housing units and its market rate units.
- Won summary judgment in Land Court successfully defending a 400-unit condominium against an abutter’s claim of an access easement that would have disruptively cut through the condominium’s common areas.
- General and litigation counsel to primary condominium in a two-tiered, luxury high-rise, mixed-use condominium, containing almost 400 units in downtown Boston, including its representation in a complex, derivative suit alleging construction defects.
- Representation of developers in creation of residential, commercial, and mixed-use condominiums, including preparation of intricate condominium documents dividing management responsibility between residential and commercial owners.
- Title claims work for individuals, mortgagees, and title insurance companies resolving missing interest, faulty deed, defective foreclosure, improper documentation, and boundary disputes.
- Representation of over 40 condominium associations of various size and composition, including high-end, mixed-use and complex multi-tiered condominiums.
- Litigation of title, ownership, boundary, easement, and restrictive covenant disputes; adverse possession claims; challenges to condominium development schemes involving phasing, land withdrawal, and affordable housing issues; and condominium construction defect cases.
- Representation of closely held businesses in day-to-day matters, business and succession planning, and inter- and intra- company disputes.
- Negotiation of entertainment and licensing contracts covering creation, production, ownership, and distribution rights in broadcast, network, internet, and multi-media industries.
Representative Reported Cases
- In re Riley, 459 Mass. 645 (2011) – Submitted amicus brief for Supreme Judicial Court decision ruling that a law firm must continue to represent a client after the firm’s lawyer handling the case left the practice of law and the client could not find another attorney to represent him.
- Knott v. Racicot, 442 Mass. 314 (2004) - Supreme Judicial Court decision abolishing the ancient common law doctrine presuming validity of contracts signed "under seal." Though decision was limited to option contracts, Court noted that logic of decision applies to other types of contracts as well.
- Queler v. Skowron, 438 Mass. 304 (2002) - Supreme Judicial Court
decision giving developers flexibility to use phasing and land withdrawal
techniques in developing condominiums (overruling Levy v. Reardon,
43 Mass.App.Ct. 431 (1997), which limited those rights).
Distinctions: Peer Review AV® Preeminent™ rated by Martindale-Hubbell, the highest bestowed rating; Massachusetts Super Lawyer, 2004, 2005, 2007, 2008, 2009, 2010, 2011, 2012.
- Admitted: Massachusetts; Alabama; United States District Court
for the District of Massachusetts; Supreme Judicial Court of Massachusetts.
- Member: Boston Bar Association, (Public Service Committee, 2005-present); Real Estate Bar Association for Massachusetts; The Abstract
Club (Appointed Member); Community Associations Institute (Member, Attorneys' Committee); Omicron Delta Epsilon (international economics honor society).
- Chair of the Equal Justice Coalition of Massachusetts (2010—), which conducts an annual Walk to the Hill lobbying campaign to support state funding for civil legal aid.
- Board of Directors of Greater Boston Legal Services (2008—), Board's Program Priority Committee (2008—), Board’s Executive Director Search Committee (2011), and the Board’s Executive Committee (2011—).
- Led a Real Estate Bar Association task force assigned to work with the justices of the Land Court on a proposed bill allowing property owners to voluntarily withdraw their land from the Massachusetts Torrens registered land system (2012-).
- Member of Equal Justice Coalition Legislative Committee and, from 2007 to 2010, the appointed Co-Chair of its Private Bar Advisory Committee.
- Awarded 2006 Adams
Pro Bono Publico Award by the Massachusetts Supreme Judicial Court for his work creating and operating the Boston Bar Association’s Lawyer for the Day Program at the Boston Housing Court.
- Elected member of the Boston Bar Association Council from 2005 to 2008, and, since 2005, an appointed member of the BBA's Public Service Committee, which oversees all public service programs of the Bar Association.
Publications and Speaking Engagements
Davis Malm & D'Agostine, P.C. - Offering the Depth and Breadth of Knowledge to Handle All Your Association's Legal Needs,
Condo Media, May 2013, J. Gavin Cockfield, Paul L. Feldman, Amy L. Fracassini, Robert J. Galvin, Samuel B. Moskowitz and Howard P. Speicher (quoted)
Red Tape: Bank and Insurance Forms Irk, Intimidate and Infuriate Managers and Boards - and Scare Them to Death,
Condo Media, January 2012, Samuel B. Moskowitz (quoted)
Author of "Condominium-Related Liens" chapter in Massachusetts Real Estate Liens, Massachusetts Continuing Legal Education, Inc., 2001 (updated 2010)
Has spoken on numerous panels for the Boston and Massachusetts Bar Associations, Massachusetts Continuing Legal Education, Real Estate Bar Association for Massachusetts, and Community Associations Institute