Construction & Real Estate Litigation

Salt Meadows Homeowners Association—Jury trial victory

Secured a jury verdict in Delaware Superior Court awarding Salt Meadows $12.9 million—the second largest jury verdict in a construction defect litigation in any Delaware federal or state court. The case revolved around damages related to water infiltration at townhomes in Fenwick Island, Delaware, caused by the general contractor’s negligent construction and supervision of construction at the property 15 years ago.

Berkshire Hathaway subsidiary—Construction defect defense

Defended a Berkshire Hathaway subsidiary in multiple construction defect cases involving spray foam insulation and roofing products, obtaining favorable resolutions.

Renewable energy equipment supplier—EPC claims

Defended a solar energy installer against claims from the EPC at seven solar installation sites in three states.

Condominium developer—Structural defects

Successfully resolved claims of structural defects against the developer of a 40-unit Jersey City condominium.

Hotel owner and operator—Resolution of multiple New York state court actions

Negotiated favorable settlement on behalf of the owner of a property located in Manhattan's Financial District that lifted mechanics liens and resolved four separate actions filed in New York State courts arising from disputes with contractors involved in a development project on the property.

Healthcare system—Construction dispute

Leads a team defending a major New Jersey hospital against a $400 million claim regarding a failed hotel development project.

Mortgage servicer company—Lender liability claims dismissed

Defended successfully a mortgage servicer company against lender liability claims filed in the U.S. District Court, Eastern District of New York by plaintiffs who alleged multiple grounds for lender liability and sought a declaratory judgment that title of the real property in question was vested in the plaintiff and that the defendants had no interest or right to title to the subject property. The court granted our client’s motion to dismiss in toto on res judicata grounds and under the Roker-Feldman doctrine and allowed our client to proceed to enforce its judgment.

Consolidated Rail Corporation—Third circuit affirms dismissal of all claims in action challenging property sale

Represented Consolidated Rail Corporation in the United States District Court for the Eastern District of Pennsylvania in an action allegedly based upon an assignment of rights to challenge Conrail’s sale of property to a third-party. We successfully invoked the doctrine of champerty to obtain dismissal of the claim and this was affirmed by the United States Court of Appeals for the Third Circuit.

Major hospital—Land use litigation

Represented a major New Jersey hospital in contested appellate proceedings related to facility expansive plans involving a rooftop helipad. 

Private individuals—Easement dispute trial win

Obtained a favorable ruling for the owners of an oceanfront home in an easement dispute with their neighbors.

Consolidated Rail Corporation—Successful opposition to municipality’s effort to condemn railroad property

Represented Consolidated Rail Corporation in the Superior Court of New Jersey (Middlesex County, Chancery Division) in opposing the Borough of Carteret’s efforts to inspect and condemn railroad property by successful asserting preemption under federal law.

Quasi-state agency—$7 million judgment against construction loan guarantors

Represented a quasi-state agency in a suit against individual guarantors to recover $6 million of construction loan proceeds. Obtained a $7 million judgment and currently seek to recover assets fraudulently conveyed by guarantors to various family members to avoid satisfaction of the judgment. 

National bank—Summary judgment against defaulted borrower

Asserted claims for declaratory judgment and mortgage reformation in title litigation case against a defaulted borrower, on behalf of a national bank. Moved for and obtained summary judgment on equitable subrogation grounds. 

Real estate developer—Dismissal of implied view easement action

Defended a real estate developer against a claim of implied view easement asserted by a beachfront property owner who claimed that our client’s renovation of a residential property blocked his view of the ocean. Case was dismissed on a successful Rule 12(b)(6) motion.