AGA’s Jay Feldman appointed Chair of the District III-B Fee Arbitration Committee

Posted on September 26th, 2016

The New Jersey Supreme Court recently appointed AGA Attorney, Jay Feldman as Chair of the District III-B Fee Arbitration Committee. His term as Chair began on September 1, 2016. The New Jersey Supreme Court first appointed Mr. Feldman to District III-B Fee Arbitration Committee in 2013 as a panel member. Mr. Feldman is currently a member of the AGA Litigation and Bankruptcy departments and devotes his practice to the areas of business litigation, real estate litigation, construction litigation, and bankruptcy litigation.

The District Fee Arbitration Committees issue binding determinations deciding disputes filed by clients against their attorneys seeking a review of the amount of attorneys’ fees charged. As Chair, Mr. Feldman’s duties include presiding over fee arbitration hearings each month during which the client, attorney, and any other witnesses testify. Mr. Feldman, along with two other Committee panel members, review the fees charged and determine whether they are reasonable. Mr. Feldman is responsible for preparing written opinions deciding the fee arbitration disputes brought before the District III-B panel.

Mr. Feldman can be reached at jbf@ansellgrimm.com or 609-557-1044.

AGA’s Community Association Group at CAI-NJ Expo

Posted on September 21st, 2016

Visit Ansell Grimm & Aaron’s Community Association Practice Group at the 2016 CAI-NJ Annual Conference & Expo, booth # 309 on Wednesday, October 26, 2016 at the Garden State Exhibit Center, Somerset. Attorneys from AGA will be on hand to answer questions regarding the Group’s legal services for homeowners associations, condominiums and cooperatives. If you wish to schedule a meeting, please contact David Byrne, Esq., Practice Group Chair at 609.557.1031 or djb@ansellgrimm.com. To learn more about the event visit https://cainj.wildapricot.org/widget/event-2141216

Patterson leads Community Associations Institute – Hudson Valley Roundtable Discussion

Posted on September 20th, 2016

Stacey Patterson, an attorney in AGA’s Community Association Practice Group led a roundtable discussion on behalf of Community Associations Institute (“CAI”) – Hudson Valley which took place in Hillburn, New York on September 15th.

The discussion was attended by various professionals in the Hudson Valley community association industry and board members from New York condominium associations and HOAs. Board members and managers had the opportunity to ask Ms. Patterson legal questions including questions surrounding ADA compliance, unit owner access to community documents, common element maintenance and modifications and governing document interpretation.

Ms. Patterson is located in AGA’s Woodland Park, NJ and White Plains, NY offices.   To discuss your legal needs, you may contact her at 973-925-7343 or srp@ansellgrimm.com.

MARE Journal covers antitrust suit on Eatontown Gas Stations

Posted on September 16th, 2016

The Mid Atlantic Real Estate Journal reported on Fidelity Eatontown, LLC and Quickchek Corp.’s antitrust lawsuit against Excellency Enterprise, LLC, Kennedy Auto Service, Inc., Gas of Eatontown, Inc. in its Aug. 26 issue. AGA partner Josh Bauchner is representing Fidelity Eatontown, LLC and Quickchek Corp. in the suit, relying on the recent United States Court of Appeals for the Third Circuit decision in Hanover 3201 Realty, LLC v. Village Supermarkets, Inc. Bauchner has represented Fidelity Eatontown, LLC and Quickchek Corp. before the Eatontown Planning Board and other government entities and the suit alleges that the defendants engaged in sham litigations and frivolous pretextual appeals to preserve their monopoly position in the borough.

The Mid Atlantic Real Estate Journal provides comprehensive coverage of the commercial real estate industry in New Jersey, Pennsylvania, Delaware, Maryland, Virginia, and Washington D.C.

For the full story visit the MARE Journal’s Aug. 26 publication.

Seminar to provide overview of dispute resolution process

Posted on September 7th, 2016

In New Jersey, community associations are required to formally offer Alternative Dispute Resolution (ADR) to resolve housing related disputes among members (home owners) and/or the association itself. Ansell Grimm & Aaron PC’s Community Association Practice Group partner Richard B. Linderman, will present an educational program on ADR on Wednesday, Sept. 14from 3 p.m.-5 p.m. at Tir Na Nog, Cherry Hill.

The program, which will provide an overview of what mediation is and how it works in the ADR process, is sponsored by the Pennsylvania and Delaware Valley Chapter of Community Association Institute’s New Jersey Regional Council. Community association managers will receive two continuing education credits for taking part in the event which is being presented in conjunction with three Business Partner Roundtables.

For more information, or to register for the ADR seminar or the roundtables, please visit CAI’s New Jersey Regional Council page.

 

For more information on AGA’s Community Association Practice Group, contact, Richard B. Linderman, at 609-557-1032 or via email at rbl@ansellgrimm.com.

 

Zolotorofe examines controlling interest transfer taxes for MARE Journal

Posted on August 31st, 2016

AGA Attorney Jessica Zolotorofe looks at the different ways states treat the “Controlling Interest Tax” in her latest column in the Aug 26 issue of the Mid Atlantic Real Estate Journal. Most states don’t have a version of the tax, first imposed by New York in 1986, which is intended to ensure that the state receives the appropriate tax revenue when a property changes hands. The full article can be found here: Controlling Interest Transfer Tax.

Ms. Zolotorofe is based in AGA’s Woodland Park office. Her practice is devoted to the areas of real estate transactions, including buying, selling, leasing, and financing commercial properties, as well as civil litigation matters. Ms. Zolotorofe can be reached at 732-643-5256 or at jtz@ansellgrimm.com

CAP Group to exhibit at CAI-NJ’s Legislative Breakfast Sept. 14

Posted on August 29th, 2016

David J. Byrne and Ansell Grimm & Aaron’s Community Association Practice Group, will exhibit at Community Association Institute of New Jersey’s Legislative Breakfast on Wednesday, Sept. 14 at Forsgate Country Club, Monroe. Key New Jersey opinion leaders and lawmakers, including state Department of Community Affairs Director Charles A. Richman, will discuss pending state legislative issues regarding New Jersey’s common interest communities. For additional information about the event, or CAI-NJ, visit their website  or contact them via email at info@cainj.org or by phone at 609.588.0030.

For more information about AGA’s CAP group, or to discuss legal needs for your homeowners association, condominium or cooperative, please contact David J. Byrne at 609.557.1031 or djb@ansellgrimm.com.

Anthony J. D’Artiglio joins Ansell Grimm & Aaron, PC

Posted on August 11th, 2016

Anthony J. D’Artiglio, Esq., has joined Ansell, Grimm & Aaron, PC’s Litigation Department as an associate attorney.

Mr. D’Artiglio and the firm’s litigation practice group offer extensive legal acumen as well as an in-depth understanding of commercial operations in banking, energy, apparel, media, food, health, and real estate. The firm’s litigation practice group engages at the trial and appellate levels in both State and Federal courts, as well as in arbitration and mediation proceedings.

Prior to joining the firm, Mr. D’Artiglio worked as a litigation associate at a Manhattan law firm and served as a law clerk to the Honorable Anthony M. Massi, J.S.C., in the Civil Division of the New Jersey Superior Court, Mercer County. He is admitted to the New Jersey and New York Bars and is a graduate of the University of Notre Dame and Boston College Law School.

“We are thrilled to have Anthony join our growing litigation team at AGA,” stated Joshua Bauchner, Co-Chair of AGA’s Litigation Practice Group.  “Anthony brings us solid legal skills to support the full spectrum of our litigation efforts in both New York and New Jersey, in both state and federal courts.”

Mr. D’Artiglio added, “I am excited about this opportunity to work with a strong group of litigators at AGA and in support of their diverse client base.”

In its more than 85 years AGA, has grown to represent clients throughout the tristate area via offices in Ocean, NJ, Woodland Park, NJ, White Plains, NY, Princeton, NJ and Newtown, Pa. AGA attorneys are dedicated to providing excellent legal representation by providing zealous advocacy and skilled legal advise to our diverse clientele. AGA attorneys all practice with a common philosophy, Commitment to Excellence and Commitment to People.

For more information on AGA’s litigation practice Group, contact Josh Bauchner, at 973.925.7341 or via email at jb@ansellgrimm.com or Larry Shapiro at 732.643.5257 or via email at lhs@ansellgrimm.com . To contact Anthony J. D’Artiglio. 973.247.9000 or via email at ajd@ansellgrimm.com

Posted in News

Groundbreaking AGA Victory establishes that Insurance Carriers
Cover Subcontractor’s Defective Workmanship

Posted on August 4th, 2016

Today Ansell Grimm & Aaron, P.C. (“AGA”) obtained not only a victory for their client, Cypress Point Condominium Association, but a clear victory for all condominium and homeowners associations in New Jersey. In a groundbreaking decision, the New Jersey Supreme Court (the “Court”) has confirmed that insurance policies held by developers and general contractors cover the faulty workmanship of subcontractors they hire. Specifically, the Court found that defective workmanship is an “occurrence” under commercial general liability policies, and that those policies specifically and unequivocally cover property damage caused by the faulty work of the subcontractors hired to actually perform the construction of the buildings.

AGA Community Association Group Partner Mark Wiechnik, appeared before the New Jersey Supreme Court in April 2016 to argue the case after the developer/general contractor’s insurers appealed a July 2015 decision by the New Jersey Appellate Division. At the Appellate level Wiechnik, and AGA Community Association Group Attorney Breanne DeRaps, successfully argued that, under a plain reading of the insurance policy in question, consequential damages to the common areas of the condominium complex and unit owners’ property caused by subcontractors’ defective work are “property damage” and an “occurrence” and that the trial court had erred in granting summary judgement in favor of the insurers.

This ruling gives New Jersey condominium associations and homeowners the means to recover damages from the sponsor, developer and/or general contractor, who typically have no assets to satisfy a judgment. For years, insurers have taken the position that exclusions in the policy for “your work” meant that the entire building, i.e. the “work” of the general contractor, was exempt from coverage. Carriers often refused to pay any damages even to associations and homeowners who were experiencing catastrophic leaks into their homes. That ends today.

If you have questions about the case, please contact Mark Weichnik at 609-228-5593 or mmw@ansellgrimm.com.

 

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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.