Notable Recent Commercial Litigation Results:

• Bank Building v. Bank of America

            Commercial dispute between a banking institution and its landlord arising out of the bank’s tenancy in an “operation’s center”.  The Firm represented the landlord which sued Bank of America pursuant to a complicated commercial lease requiring Bank of America to return the leased property to "good repair and condition" at the conclusion of the lease. Following trial, the landlord prevailed and recovered $430,600 (the entire amount of landlord’s claim) as well as counsel fees, costs of suit, and interest.

• Soho M.A. New York, LLC v. Brinkmanship Import and Export, Inc.

            This case was a dispute among those involved in the operation of a super high-end retail clothing manufacturer and stores -- Beau Brummel.  Beau Brummel is perhaps best known for clothing Regis Philbin in his trend-setting monochromatic attire for the television show, Who Wants to Be a Millionaire. The dispute centered around former business partners' arguments concerning which of them owned the right to operate under the Beau Brummel trademark. Following a trial to the jury, the jury returned a verdict in favor of the Firm’s clients.  Specifically, the jury found that the Firm’s clients had the right to operate under the Beau Brummel trademark.

• 400 Blair Road Realty Holdings, LLC v. Wells Fargo Bank, N.A.

            The Firm represented the Plaintiff in a claim against the Defendant banking institution because the Defendant wrongfully charged to, and took from, Plaintiff approximately $400,000.00 in so-called “default interest” relating to a commercial loan secured by real property and rents from a commercial tenant.  Plaintiff prevailed and recovered a judgment following a trial to the Bench for the amount wrongfully charged to the Plaintiff.

• Weiss v. Regal Collections

            The Firm represented an individual consumer who brought a claim under the Fair Debt Collection Practices Act (FDCPA). The case was dismissed and the Firm successfully prosecuted an appeal before the Federal 3^rd Circuit Court of Appeals in a landmark decision clarifying consumer rights in class actions under the FDCPA.

• Smerling v. Harrah’s Entertainment, Inc.

            Casino patrons brought class action against casino owners and operators under the Consumer Fraud Act for deceptive and misleading promotional schemes designed to induce patrons to enter the casino. The Firm took over representation of the Plaintiff after Plaintiff’s original counsel was unsuccessful and the matter was dismissed on motion. The Firm successfully appealed the dismissal of Plaintiff’s claims and the Appellate court held that casinos can be liable to consumers under the New Jersey Consumer Fraud Act (NJCFA), notwithstanding the fact that the casino industry is highly regulated in New Jersey.

• East Hazelwood v. International Transport

            The Firm represented a landlord that owned a commercial warehouse building in Rahway, New Jersey.  The landlord sued a tenant for back rent, common area maintenance and damage that the tenant caused to the building. Specifically, the warehouse building contained loading docks which the tenant had abused by crashing trucks into the loading docks, causing structural damage to the docks and the buildings, not properly maintaining the loading docks by ensuring that they were protected by rubber bumpers and other protective devices, and other damage to the building and common area to the building. The Firm was successful in obtaining a verdict for the landlord following a bench trial.

• Case against international publicly traded real estate company (settlement confidential)

            The Firm represented the Plaintiff in a dispute that arose out of a commercial real estate transaction. Plaintiff sold to the Defendant ten commercial real estate properties. The transaction called for, among other things, the post-closing payment by the Defendant, to the Plaintiff, certain rents (as well as certain common area maintenance payments and escrows held by the Defendant) after the closing. The Defendant failed to make these requisite payments and the Firm was successful in resolving the matter for $750,000 after lengthy and hard fought litigation in Federal Court.

• Improved Packing and Consolidating Corp. v. Carlstadt Associates, Ltd.

            Plaintiff filed an action alleging that Plaintiff was constructively evicted from commercial warehouse property in Carlstadt.  Plaintiff’s Complaint sought damages upon the contention that it suffered damage to personal property at the time of its constructive eviction.  Defendant landlord, represented by the Firm, filed a counterclaim seeking payment of unpaid rent. Following a trial, the Defendant was awarded all unpaid rent and attorneys fees related to the litigation.

NOTE: This list is only a representative sample of recent results. PinilisHalpern, LLP cannot guarantee any result in any case. Not all results are favorable and every case is unique.

Attorney Profiles:

William "Billy" Pinilis
Gabriel H. Halpern
Jeffrey S. Mandel