New York’s Medical Marijuana Program Is Undergoing Some Big Changes

Posted on October 26th, 2017

In a recent analysis of those changes completed for the MJBA’s MJ News Network, Ansell Grimm & Aaron, PC attorneys Joshua S. Bauchner and Anthony J. D’Artiglio reviewed the New York State Department of Health’s proposed amendments to Section 1004.11(g). These new regulations are part of the State’s continued efforts to expand and modernize its medical marijuana program following the addition of chronic pain as a covered illness earlier this year. For the full analysis visit MJBA’s website here.

NYC developer and affiliates facing suits on two properties

Posted on October 13th, 2017

A pair of lawsuits against L&M Development Partners and its affiliates are proceeding as residents in two of the builder’s Harlem projects seek compensation for costs associated with remediating defective work done during construction of their homes. The litigations recently were featured in Crain’s New York Business and Habitat Magazine.

The boards at La Celia, a 123-unit condo at 64 E. 111th St., and a 75 unit complex created from the conversion of PS90, a school located at 220 W. 148th St., initiated the suits as the costs of the repairs spiraled into the millions of dollars.

Both complexes are represented by Joshua S. Bauchner, Esq. and Anthony J. D’Artiglio, Esq., attorneys with Ansell Grimm & Aaron, PC.

Attorneys from Ansell Grimm & Aaron PC successfully have represented clients in numerous construction defect cases, including Cypress Point Condominium Association, Inc. v. Adria Towers, LLC in New Jersey in which the state’s Supreme Court unanimously affirmed that construction defects and faulty workmanship that cause damage to other property is a covered event under the General Contractor’s general liability insurance policies.

For additional information, please contact Joshua S. Bauchner, Esq. at or (973) 247-9000.

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For more than 85 years, ANSELL GRIMM & AARON, PC has been dedicated to providing excellent legal representation. 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 more information, visit us at


Appeals court revives suit over breach of fiduciary duty

Posted on July 26th, 2017

Joshua S. Bauchner, Esq., a partner of Ansell Grimm & Aaron, P.C., and co-chair of the firm’s Litigation Department, and Michael H. Ansell, an associate with the firm, recently secured the reversal on appeal of Dennis T. Palmeri, Jr’s suit against his former attorneys at Willkie Farr & Gallagher LLP.

Palmeri alleged that Willkie unilaterally terminated its representation of him in favor of his employer, Ramius Securities, and then shifted responsibility for purported violations of FINRA’s rules onto him to protect its corporate client.  Palmeri claimed the law firm breached its fiduciary duty in violating his right to conflict free representation.

The trial court ruled that Palmeri failed to file his suit within the statute of limitations period, but the Appellate Division, First Department, unanimously disagreed and reinstated the case.  For the full story, please visit Law360, or the New York Law Journal.

Shapiro delivers back-to-back victories for AGA clients

Posted on July 14th, 2017

In two different trials, held in two consecutive weeks, in two different counties, Lawrence Shapiro, Esq., co-chair of Ansell Grimm & Aaron, PC’s litigation department, attained victories for clients of the Firm.  The first involved a battle between neighbors over the use of a private beach and access to the bay on Long Beach Island in Ocean County.  The Court ruled that the Diaz family, represented by Shapiro and AGA, had superior rights to the beach and could exclude the intruding neighbors from using the beach and accessing the waters of the bay through their property.

In the second matter in Monmouth County, Shapiro obtained a judgment in favor of Vingo, a popular New Jersey liquor store chain, against BPS, Inc. trading as Bankcard Payment Services who had installed credit card processing equipment at two of Vingo’s stores.  Shapiro was able to overcome vigorous and repeated attempts by BPS to have the case dismissed pursuant to Merchant Service Agreements and various legal doctrines including laches and Vingo’s own negligence which BPS asserted barred Vingo’s claims and the court from granting relief to Vingo.  At the conclusion of the trial, the Court entered judgment in favor of Vingo against BPS for over $60,000 in charges made by customers on Discover Cards over a two year period that were not properly processed by BPS and for which no payments were received by Vingo.

See: Diaz v. Esposito Family Trust, John Lombardi, Aster Lombardi, Irene Lombardi, Arthur Medeiros, Christine Medeiros, Docket No. OCN-C-11-16 and Vinvigo, LLC t/a Vingo Wine & Spirits v. Bankcard Payment Services, et al., Docket No. MON-L-3859-14.

Ansell Grimm & Aaron attorneys regularly represent clients in real property and business related litigation matters. For additional information, please contact Lawrence H. Shapiro, Esq. (; 732-643-5257

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For more than 85 years, ANSELL GRIMM & AARON, PC has been dedicated to providing excellent legal representation. 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 more information, visit us at


C6 Real Estate Partners Close on $27M Garfield property

Posted on July 12th, 2017

ANSELL, GRIMM & AARON, PC partner, Melanie J. Scroble, Esq., recently closed a $27 million real estate transaction on behalf of C6 Real Estate Partners, in connection with its acquisition of River Edge at Garfield, a newly constructed 100-unit Class-A multifamily apartment building complex located in Garfield, New Jersey. The acquisition was made through a joint venture with Citymark Capital.

C6 Real Estate Partners specializes in acquiring and operating residential, mixed-use and commercial property in New Jersey and the surrounding area. Brian DiSalvo, a partner with C6, commented, “The transaction involved numerous counterparties with differing agendas and methodologies. The documents were complex and required several layers of negotiation. Ms. Scroble proved critical to the success of the transaction with proficient and reliable counsel and management of the process from contract signing to closing.”

Further details about the transaction are available here:

Ms. Scroble focuses her practice on the acquisition, financing, leasing and development of commercial real estate both in the Tri-State area and through-out the Country. She has handled a wide range of sales, acquisitions, leases and financings involving different types of real estate, including retail shopping centers, triple net properties, office buildings and multi-family apartment projects. She is a member of the International Council of Shopping Centers and prior speaker at their annual law conference.

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For more than 85 years, ANSELL GRIMM & AARON, PC has been dedicated to providing excellent legal services 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 Melanie J. Scroble at (973) 247-9000 or


Bauchner Representing La Celia Owners in Construction Defect Suit

Posted on July 10th, 2017

ANSELL, GRIMM & AARON, PC commenced two actions in the Supreme Court of the State of New York against L&M Development Partners, and its affiliates, for design and construction defects in two of its projects in Harlem, on behalf of plaintiffs La Celia Owners Corporation, located at 64 East 111th Street, and PS90 Board of Managers, located at 220 West 148th Street.

The actions assert, among other things, that L&M breached its contractual obligations and made negligent misrepresentations by failing to construct the buildings in accord with the terms of each Offering Plan. Indeed, the buildings were forced to retain engineering and construction firms to identify and remediate design and construction defects endemic to each building.

By example, at La Celia, the engineer’s work revealed significant leaks and penetrations throughout the building, fire hazards, items not constructed to Code, and that at least 70% of residents have insufficient cooling, likely due to “marginally sized and under-sized” PTAC units. At PS90, the engineer’s work revealed that the parapets and significant portions of the façade were defective, widespread water intrusion, and that the roof disclosed in the Offering Plan was not actually installed and is now in need of repair and replacement. Indeed, at PS90, large chunks of the façade have fallen off the building creating a serious safety hazard and compelling the installation of shedding and the closure of the courtyard.

Both buildings undertook efforts to amicably resolve these issues with L&M, but were unfortunately without success, necessitating the lawsuits. Joshua S. Bauchner, a partner with the law firm of Ansell, Grimm & Aaron P.C., and counsel to both buildings commented that “L&M prides itself on promoting development in low income communities. However, when it cuts corners to save a dime, it saddles residents with the significant costs of repair which they simply cannot afford, as L&M well knows. We are simply asking that L&M correct defects of their own making in accord with their express obligations under the Offering Plans.”

Christopher Therkorn, the Board president of PS90, echoed this sentiment, stating “Our entire building is under scaffolding right now as we were forced to repair the parapets, roof, and façade. At this time, our residents are confronted with these unbearable costs as L&M has sought to wash its hands of the matter.” And, Jon Winstone, the Board president of La Celia, noted that “When you are finally able to buy into what is promoted as a beautiful, new building your hopes are high. Then, those hopes are dashed when the ugly underbelly reveals itself — water leaks everywhere, insufficient air conditioning, and rampant Building Code violations.”

The actions are captioned La Celia Owners Corp. v. East 111 Associates, LLC, East 111 Mezzanine, LLC, East 111 Managers, LLC, L&M Development Partners, Inc., and L&M Builders Group, Index No. 654485/2017, and PS90 Board of Managers v. L&M Development Partners, West 147th Associates, LLC, West 147th Managers, LLC, L&M Builders Group, LLC, L&M West 147th Developers, LLC, Index No. 654603/2017.

Ansell Grimm & Aaron attorneys regularly represent clients in construction litigation and litigation against sponsor developers. For additional information, please contact Joshua S. Bauchner, Esq. ( or Anthony J. D’Artiglio ( at (973) 247-9000.


Robert H. Siegel Obtains Victory in Rare School Selection Trial

Posted on July 5th, 2017

Robert H. Siegel, Esq. recently won a trial victory in the Monmouth County Superior Court, Family Division, where the trial court ruled in favor of AGA clients seeking to enroll their minor child at a private high school in Monmouth County.

The case presented a rare factual scenario with two parents sharing joint legal and joint 50-50 residential custody of a high school-aged child, and contesting whether the child should attend the public high school in the town where the mother resides, or a private high school preferred by the father.

After a five-day trial that took place over five months, the trial court ruled in favor of AGA client father, citing pertinent school relocation factors set forth by the Appellate Division in Levine v. Levine, 322 N.J. Super. 558 (App. Div. 1999) and Asch v. Asch 164 N.J. Super. 499 (App. Div. 1978). The court also took into consideration an interview with the child that was conducted upon a pre-hearing motion by AGA counsel requesting same under the Rules of Court (R. 5:8-6), and the “best interests” standard set forth by the Appellate Division in D.A. v. R.C. 438 N.J. Super. 431 (App. Div. 2014).

The trial court placed its ruling on the record in court on June 26, 2017, and the legal basis for its holding could impact future cases where parents having shared residential custody cannot agree upon a child’s high school enrollment.


For questions concerning family law matters, including custody, support, and enforcement issues, please contact Robert H. Siegel, Esq. (


Developers Continuing to Pursue Antitrust Suits

Posted on June 26th, 2017

Fidelity Eatontown and QuickChek, represented by AGA attorneys Joshua Bauchner and Michael Ansell, will continue to pursue their claims against Excellency Enterprises, Kennedy Auto Service and others for attempting to eliminate competition in the local market for gas station convenience stores by preventing Plaintiffs’ developments from moving forward.

Fidelity Eatontown and QuickChek asserted violations of the Sherman Act and the New Jersey Antitrust Act, as well as claims for tortious interference and civil conspiracy, by Defendants after they filed allegedly frivolous litigations seeking to delay construction on Eatontown Planning Board approved developments by Fidelity and QuickChek.

According to a story published by by Joyce Hansen, U.S. District Judge Brian R. Martinotti  “ruled that the developers had made claims that could show the gas station companies had tried to discourage competition by making baseless challenges to the developers’ planning applications.”

Bauchner told LAW360 “The court’s decision confirms that entities seeking to abuse the land use process by engaging in sham litigation to prevent lawful competition are properly subject to federal antitrust claims.”

For the full story on Judge Martinotti’s decision, visit

ANSELL GRIMM & AARON, PC zoning and land use attorneys have successfully secured land use approvals for many notable projects throughout the State of New Jersey and our litigation practice group offers extensive legal acumen as well as an in-depth understanding of all commercial operations. Please contact Joshua S. Bauchner ( or Michael H. Ansell ( to discuss your case.

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For more than 85 years, ANSELL GRIMM & AARON, PC has been dedicated to providing excellent legal representation. 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 more information, visit us at



Bauchner details quagmire awaiting any plans to restrict cannabis industry

Posted on June 19th, 2017

ANSELL GRIMM & AARON, PC partner Joshua S. Bauchner recently published an article with High Times Magazine on the legal, political, and economic reasons the Trump administration needs to step back from placing greater restrictions on the cannabis industry. The article, entitled “Trump and Sessions Need to Take a Deep Breath (And Perhaps Inhale) When It Comes to Pot Regulations” is available here.