Practice:

• Business Litigation
• Condominium Law
• Design & Construction
• Real Estate

Bar Admissions:

Massachusetts
New York

Experience:

Mr. Lipkind has a broad-based civil litigation practice. He is experienced in all aspects of litigation from discovery through trial and appeal, as well as mediation and arbitration. Mr. Lipkind has expertise in real estate and business disputes, contract matters, construction, Chapter 93A (unfair and deceptive trade practices), employment, and business torts. He also represents condominiums and cooperative associations, providing strategic advice on operations, governance issues, unit owner association obligations, as well as title problems; litigation with unit owners, shareholders and contractors; and drafting of the operative documents.

Significant Cases:

• Prevailed in representation of landowner in defeating abutter’s claim that a driveway over the client’s property which had been used by abutter for over fifty years was protected under theories of easement by implication and easement by prescription, Talmo v. Pihl, 19 LCR 121 (2011).
• Successful representation of interested parties before Wilmington zoning board challenging issuance of special permit for concrete plant (2011).
• Successful representation of abutter before Weston zoning board challenging issuance of special permit for construction of new house on vacant land (2011).
• Successful representation of easement holder through Land Court trial and Supreme Judicial Court appeal regarding scope and term of easement as well as construction of relevant statutory provision. Patterson v. Paul, 448 Mass. 658, 863 N.E.2d 527, 2007 Mass. LEXIS 190 (2007).
• Successful representation of record title holder of airport in defeating adverse possession claim of abutter. Air Plum Island, Inc. v. Society For The Preservation of New England Antiquities, 20 Mass. App. Ct. 246, 873 N.E. 2d 1159 (2007)
• Won five day trial in 2007 representing commercial tenant in eviction case regarding alleged failure to comply with maintenance obligations.
• Obtained summary judgment for landowner in 2004 annulling zoning board decision that property was not grandfathered from dimensional requirements.
• Prevailed in representation of Getty as lessee in obtaining judgment on the pleadings regarding exercise of lease option rights and in defeating landlord’s eviction claims. Getty Properties Corp. v. Rudge, 17 Mass. L. Rep. 103, 2003 Mass. Super. LEXIS 390 (2003)

Memberships:

• Jewish Family & Children's Service, Board of Directors
• Community Associations Institute - New England, Attorney Committee
• Zoning Board of Appeals of the Town of Marblehead
• Real Estate Bar Association

Additional Information:

• While at Boston University School of Law, Alan was a Paul J. Liacos Scholar and an Edward F. Hennessey Scholar and a third-year editor of the Boston University International Law Journal

Education:

• J.D., Boston University School of Law, 1986
• B.A., magna cum laude, Tufts University, 1981

Quotes:

Recent Articles and Publications: