AGA welcomes Pamela A. Mulligan to the firm. Ms. Mulligan is Counsel and focuses her practice in the areas of Litigation, Real Estate and Creditors’ Rights. Ms. Mulligan represents secured and unsecured lenders including corporate and banking clients, in Chapters 7, 11, and 13 bankruptcies, contested and uncontested foreclosures, collection matters, and commercial loan transactions. She also represents businesses and individuals including artists and media organizations in copyright, trademark and general litigation matters. Ms. Mulligan is working closely with our Community Association Group on business development and marketing initiatives.
Prior to joining Ansell Grimm & Aaron, Ms. Mulligan had a lengthy career as a business development executive working on national marketing programs for some of the nation’s largest entertainment, media and non-profit organizations. Ms. Mulligan was previously with prominent New Jersey law firms where she represented national and community banks, businesses, and individuals.
Ansell Grimm & Aaron, P.C. is pleased to announce the relocation of its North Jersey office from Clifton to Woodland Park. The new office address is 365 Rifle Camp Road. All other contact information remains the same.
Jason S. Klein, Esq., a partner with the firm, represented Pizza Properties of Indianapolis, Inc., and its principal, Robert Taylor, III, in connection with the sale of 45 Domino’s stores throughout Indiana to RPM Pizza LLC, the largest U.S. Domino’s franchisee. For Pizza Properties, headquartered in West Chester, Pennsylvania, the sale of the 45 stores in Indiana was reported to be the largest franchise-to-franchise purchase in Domino’s history. The sale included nearly 40 stores in the Indianapolis metro area, and stores serving South Bend and Lafayette. Pizza Properties continues to own and operate approximately 15Domino’s stores located throughout Pennsylvania, Maryland and Delaware.
Ansell, Grimm & Aaron, P.C. recently commenced two actions on behalf of auto-body shop clients who suffer allegedly unlawful conduct at the hands of multiple insurance carriers. Our clients’ story — and that of other, similarly situated plaintiffs — were featured on Anderson Cooper 360 on February 10, 2015 on CNN (click link to view article).
The Complaints allege that the Defendants engage in an ongoing, concerted and intentional course of conduct — with State Farm acting as the spearhead — to improperly and illegally control and depress automobile damage repair costs to the detriment of Plaintiffs and the general public, and to the substantial profit of Defendants.
By example, Defendants exert control over body shops by entering into program agreements generically known as direct repair program agreements (“DRPs”). DRPs were presented to body shops as a mutually beneficial opportunity — in exchange for providing certain concessions of price, priority and similar matters, the individual Defendants would list a body shop as a preferred provider. However, the concessions demanded by the individual Defendants in exchange for remaining in a DRP were not balanced by the purported benefits. Rather, the Defendants, particularly State Farm, allegedly utilized these agreements to exert control over the auto body repair industry in general including those shops, like Plaintiffs, which are not part of a DRP. In sum, Defendants sought to dictate the price for parts, labor and material untethered to market realities.
The Complaints further allege that Defendants engage in an ongoing pattern and practice of coercion and implied threats to the pecuniary health of the Plaintiffs’ businesses in order to force compliance with unreasonable and onerous concessions. Failure to comply results in removal from the DRP combined with improper “steering” of customers away from the Plaintiffs’ businesses.
Defendants’ alleged misconduct means that repairs are made by the cheapest bidder, using the cheapest parts, and the cheapest labor — and then placing those unsafe vehicles on the road. We anticipate these remarkable facts being brought to light tonight night on CNN.
The nationwide impact of Defendants’ alleged misconduct resulted in the commencement of litigation in multiple jurisdictions. As a result, the various actions were consolidated as A&E Auto Body, Inc. et al. v. 21st Century Centennial Insurance Company, et al., bearing Docket number 6-14-mdl-2257 (GAP)(TBS) in the United States District Court for the Middle District of Florida.
For additional information, please contact Joshua S. Bauchner at (973) 247-9000.
Ansell Grimm & Aaron, P.C. is pleased to announce the addition of a new Community Association practice group and Princeton location. Please click on link to the New Jersey Law Journal article for full details.
New York, New York — Ansell Grimm & Aaron, P.C. recently commenced an action in New York State Court against the Abyssinian Development Corporation (“ADC”) and its contractor, Apex Building Company (“Apex”), alleging that the home it sold through a federal and state funded program is riddled with design and construction defects rendering it unsafe and uninhabitable. As recently reported in the New York Daily News, the Complaint seeks $1,000,000.00 in damages arising from the defendants’ alleged misconduct.
As set forth in the Complaint, Christina Robilotto entered into a contract with ADC to purchase a home as part of the Federal Housing Administration 203(k) Loan Program, operated jointly by the United States Department of Housing and Urban Development (“HUD”) and the Local Initiatives Support Corporation, a New York non-for-profit corporation (“LISC”). The federal government designed these loans to encourage lenders to fund seemingly risky home purchases to promote neighborhood revitalization and greater homeownership.
In accord with the express terms of the Purchase Contract, ADC represented that it would construct the premises in compliance with the Architectural Plans and the New York City Building Code and that: “The quality of construction shall be comparable to local standards customary in the particular trade and substantially in accordance with the Plans.”
The Complaint alleges that these and other representations by ADC were false and that the home instead suffers from material deign and construction defects. Among other problems, the building’s facade is falling off, the sheetrock is covered with mold as a result of water leaks in the foundation and through the roof, and an improperly installed boiler has led to heating problems. The Complaint further alleges that although the homeowner repeatedly contacted ADC and Apex to complete the construction and make necessary repairs, they instead walked away from their contractual obligations.
As a result, a publicly financed program intended to promote home ownership by low and middle income families has instead saddled them with homes plagued by problems which they cannot afford to repair having dedicated their savings to the purchase.
Ansell Grimm & Aaron attorney Joshua S. Bauchner, who lives in New York, commented that “ADC has a horrible reputation with respect to the properties it manages and builds. Although it seeks to hide behind its affiliated church, its purported mission to support low and middle income families though affordable housing has failed miserably. We intend to hold them to account.”
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For more than 80 years, ANSELL GRIMM & AARON, P.C. has been dedicated to providing excellent legal services throughout the Central New Jersey region. The Firm has vast experience and knowledge in nearly all areas of the law, focusing primarily on New Jersey, New York and Federal matters. In providing zealous advocacy and skilled legal advice to our diverse clientele, our attorneys all practice with a common philosophy… commitment to excellence and commitment to people.
For additional information, please contact Joshua S. Bauchner at (973) 247-9000.
Melanie J. Scroble, Esq., recently attended the 2014 ICSC U.S. Shopping Center Law Conference in Orlando, Florida, as a round table speaker. Ms. Scroble led a roundtable discussion on the topic of When is Your Due Date …for Possession? A discussion of the rent commencement clause in the commercial lease. Roundtable speakers are chosen for their prior expertise with the particular topic. The conference is held by the International Council of Shopping Centers and hosts over 1,200 legal professionals in the retail real estate industry.
Joshua S. Bauchner, Esq. recently published an article in the September 12, 2014 issue of the New York Law Journal entitled “Let Them Plead in the Alternative.” The right to plead claims in the alternative is well established in New York state practice and jurisprudence. Yet, courts often seek to “streamline” cases at the very nascent stages of a litigation by dismissing so-called “duplicative” claims seeking alternative forms of relief. This practice defies the permissive pleading standards embodied in the CPLR and often risks imposing unnecessary complexity and prejudice into the litigation for no useful reason.
For the full article click here.
Reprinted with permission from the September 12, 2014 edition of the “New York Law Journal.” © 2014 ALM Media Properties, LLC. All rights reserved. Further duplication without permission is prohibited. ALMReprints.com – 877-257-3382 – email@example.com.
On Monday, September 15, 2014, Prevention First will host their 2014 Annual Golf Outing at Trump National Golf Club in Colts Neck, NJ. The golf outing is one of Prevention First’s major annual fundraisers. The proceeds from this event will fund programs that will directly benefit the children of Monmouth and Ocean counties by helping to keep them healthy, safe and drug-free.
This year’s outing will honor Ansell Grimm & Aaron, PC for their commitment to our community. Since their founding in 1929, Ansell Grimm & Aaron, PC has been committed to the best interest of its clients and to the community it serves. While recognized as one of New Jersey’s premier law firms, the Firm’s passion and commitment goes well beyond the courtroom, the conference room or the negotiating table. Ansell Grimm & Aaron, PC has numerous longstanding and important partnerships with many philanthropic organizations that either support the neediest of their community or enrich the quality of their life. While dedicated to providing excellent legal services, they live by their firm’s motto – “A commitment to excellence. A commitment to people.” The Firm’s philosophy is that the law and community go hand-in-hand. This motto applies not only to the legal services it provides and the clients it serves, but also to the world of charitable organizations throughout the state.
Ansell Grimm & Aaron, PC directly, through its individual attorneys and through its foundation, the Ansell Grimm & Aaron Foundation, Inc., supports many worthy organizations. The Firm has a longstanding commitment to organizations which are local and which provide necessary services to our community. For this reason, the Firm, and the individuals who comprise the organization, has enjoyed a long-standing commitment to and relationship with Prevention First for almost two decades.
“Recognizing the important work of Prevention First, their commitment to excellence in the services they provide and their commitment to the people of our community is a natural fit with the longstanding beliefs of the Firm. Prevention First is making a real difference and Ansell Grimm & Aaron, PC is proud to be a partner in its outstanding work and honored to be able to continue to assist the efforts of Prevention First to raise much-needed funds to continue its great work.” said Michael V. Benedetto, Esq., Managing Partner, Ansell Grimm & Aaron, PC.
Registration begins at 11:00 a.m. and the tournament will commence at 12:30 p.m. followed by dinner and the awards reception at 5:30 p.m. For more information, contact Michelle Cicalese, Development Director, at 917.608.4247 or firstname.lastname@example.org.
About Prevention First– Prevention First is a 501(c)(3) nonprofit agency that has been providing youth, parents and professionals with research-based prevention programs to help children stay healthy, safe and drug-free since 1967.