Cases
Representative Matters: General Litigation: Managed
defended a significant asbestos docket in New Jersey
Pennsylvania, representing a manufacturer
supplier of various products including asbestos pipe covering, cement, block,
roofing
siding materials.
Successfully won summary judgment on behalf of a national retail client in a premises liability matter by arguing that the terms of lease relieved the client of any duty to the plaintiff. The co-defendant l
lord subsequently reimbursed the client for all costs related to the matter.
Represented a national retail client in a successful pre-answer motion to dismiss a premises liability claim by demonstrating that the facts alleged could not result in any liability for the client.
Business Litigation: Represented a fitness center owner against a former co-owner to enforce a covenant not to compete. Successfully negotiated a settlement which compelled compliance with non-compete provision.
Successfully settled claims for violations of the Electronic Funds Transfer Act
UCC for a banking consumer against a bank for the wrongful transfer of funds.
Represented an insurance carrier
obtained a significant subrogation settlement after a fire destroyed the property of its insured, a national retail company.
Represented an aviation executive against claims for violations of restrictive covenants
in prosecution of his claim for wrongful termination. Claims were ultimately settled in the client's favor.
Defended a commercial real estate broker against a claim that he violated a settlement agreement through the unauthorized use of a trademark. Successfully defeated the motion to enforce the settlement agreement
was awarded attorney's fees
thereafter negotiated a favorable settlement for the client.
Real Estate Litigation: Defense of a 61-unit co-op apartment house in New York State Supreme Court regarding a dispute with its master tenant over scope of the master lease in light of the building's l
mark status. Successfully defended the co-op against the master tenant's attempt to obtain a temporary restraining order, defeated a motion for summary judgment
a motion for reconsideration.
Represented a retail tenant in a suit related to allegations by the l
lord that the client's use of the property violated the lease. Successfully resolved the case in early negotiations at a minimal expense to the client.
Defended retail tenants
commercial l
lords against allegations of violations of the Americans with Disability Act.
Successfully negotiated settlements to limit the clients' liabilities
costs related to plaintiff's fee shifting attorney's fees.
Successfully drafted
argued motions for summary judgment in contested residential foreclosures against claims that the client, a national mortgage servicer, failed to provide proper notice to the mortgagee, violated the Truth in Lending Act, Real Estate Settlement Procedures Act
various other consumer protection statutes.
Represented a mortgage lender in a contested foreclosure in which the client's mortgage was fraudulently discharged. Negotiated a positive settlement with the title companies for the subsequent purchaser
his mortgagee.
Represented homeowners in claims against the local municipality for claims that the municipality failed to adhere to its requirements to maintain an easement
culvert on the clients' property. Successfully negotiated a settlement in which the municipality agreed to make all necessary repairs.
Represented homeowners in claims against adjacent property owners for trespass
for nuisance caused by the manipulation of their property to cause water run-off onto the clients' property. Following extensive discovery
mediation, successfully negotiated a settlement agreement in which the adjacent l
owner constructed a drainage system to avert any water entering the clients' property.
Appellate Litigation: Represented a lender in an appeal to the New Jersey Appellate Division of an order denying a mortgagor's motion to vacate a summary judgment resulting in an affirmance.
Represented a lender in an appeal to the New York State Appellate Division, Second Department to overturn the trial court's decision denying a mortgagor's motion to dismiss an action for an equitable lien.
Represented a residential mortgage servicer in the Second Circuit Court of Appeals against allegations that it violated the Fair Debt Collection Practices Act.
