Anthony J. D’Artiglio


Led by Department Chair James G. Aaron, in coordination with partners Joshua S. Bauchner and Anthony J. D’Artiglio, Ansell’s attorneys are well versed in the intricacies of bankruptcy practice. Our bankruptcy attorneys are here to offer the knowledge and advice about the benefits and detriments of the different types of bankruptcy; Chapter 11, Chapter 13, and Chapter 7 proceedings, all of which should be considered prior to any individual or business filing for bankruptcy. Before filing, our attorneys will provide a complete analysis of our client’s assets and guide them through the establishment of an asset protection plan.

The Firm represents numerous national and state banking institutions, Fortune 500 companies, and many local corporate entities in restructuring corporate debt, and represents both creditors and debtors in all proceedings.

In particular, the Firm represents commercial landlords whose tenants file for bankruptcy. The landlord becomes an estate creditor and has numerous, defined rights under the U.S. Bankruptcy Code. As set forth below, Ansell recently experienced significant success on behalf of our landlord/creditor clients protecting their interest in realty and securing against abuse of the bankruptcy process by recalcitrant debtors.

The firm also handles state court insolvency matters, an alternative to federal bankruptcy, known as an assignment for the benefit of creditors (“ABC”). Similar to a Chapter 7 liquidation proceeding, an ABC permits a debtor to assign its claims to an assignee — here, an attorney with the Firm appointed by the Court — to pursue preferential and fraudulent claims under state law.

By example, here are some of the Firm’s recent successes in this practice area:

Recovery for Landlord in Debtor’s Attempt to Escape Obligations 

Partner Anthony J. D’Artiglio and Shareholder and department co-chair Joshua S. Bauchner recently secured a favorable decision from the Bankruptcy Court in the Southern District of New York in the Fairway Group Holdings Corp. matter. Our client, Debtor’s property owner, filed a multi-million-dollar cure objection asserting that Debtor had failed to repair and maintain the property in accord with its lease obligations, and thus needed to make the necessary repairs or pay for the repairs as part of the lease assumption and assignment. Debtor sought to dismiss the cure objection, arguing that the new tenant was responsible for all pre-assignment defects as part of the lease’s ongoing repair and maintenance obligations and that, because property owner did not issue a default notice pre-petition pursuant to a lease provision, property owner could not claim that a “default” existed requiring cure pursuant to the Bankruptcy Code. The Court resoundingly rejected Debtor’s arguments, holding that (i) Debtor is responsible for all necessary pre-assignment repairs pursuant to the lease because the buyer took the property “free and clear” of any and all defaults by Debtor at the time of the assignment, and (ii) landlord was not required to formally notice a “default” under the lease to seek the cost of repairs from Debtor for any pre-assignment condition in need of repair particular where, as here, Debtor was on notice upon the filing of the cure objection.  As a result of this favorable ruling, our client can recover millions of dollars in repair costs.

Conversion to a Chapter 7 and Vacature of Extension of Automatic Stay

The Firm successfully compelled conversion of a meritless Chapter 11 to a Chapter 7 proceeding and convinced the Court to vacate an extension of the automatic stay to the principal’s of the Debtor company. Debtor filed a Chapter 11 petition in the District of New Jersey just before it and its principals were scheduled to face trial in the Western District of Missouri on multi-million dollar fraudulent scheme related to the sale of a business. Led by Joshua S Bauchner and Anthony J. D’Artiglio, the firm successfully convinced the Court to vacate an extension of the automatic stay to the principals of Debtor who sought to utilize the Bankruptcy to shield themselves from liability. Furthermore, we vigorously opposed confirmation of a meritless Plan of Reorganization, culminating in Debtor voluntarily converting its Chapter 11 reorganization to a Chapter 7 liquidation requiring the appointment of a Trustee to pursue our client’s and other creditors’ interests. As a result, the adversary complaint and related Bankruptcy matters were dismissed in New Jersey permitting the action to proceed to trial in Missouri.

Protection for Landlord from Tenant Bankruptcy  

Partner Anthony J. D’Artiglio and Shareholder Joshua S. Bauchner secured an extremely favorable settlement on behalf of a property owner whose tenant filed for bankruptcy after failing to make any rent payments over a prolonged period. Following our filing of an application to compel lease rejection or for relief from the automatic stay, the tenant agreed to pay outstanding rent and additional rent, our client’s attorneys’ fees and costs, and to increase the security deposit as a condition of assumption of the lease, ensuring the property owner was not harmed by the tenant’s bankruptcy filing.

Relief for Landlord from Automatic Bankruptcy Stay 

Partner Anthony J. D’Artiglio and Shareholder Joshua S. Bauchner successfully secured relief from the automatic bankruptcy stay for a landlord whose tenant had sublet the property without authorization, failed to pay substantial rent, and additional rent due and owing. We successfully convinced the Court to order the tenant to make post-petition payments on an ongoing basis and to lift the automatic stay to permit the property owner to pursue the tenant for damages and eviction in State Court while the bankruptcy remained pending.

For additional information concerning Ansell’s Bankruptcy Department, please contact us at (973) 247-9000, or email James G. Aaron (, Joshua S. Bauchner (, or Anthony J. D’Artiglio (


About Ansell Grimm & Aaron, PC
Ansell Grimm & Aaron, PC was founded in 1929 and has a long history of delivering for clients who come to us to resolve legal matters that are often urgent, stressful, and of great importance. A general practice law firm, Ansell Grimm & Aaron is powered by experienced attorneys who understand that the best outcome is the one that serves the needs of each client.

The above is for informational purposes only and does not constitute legal advice. Transmission of the materials and information contained herein is not intended to create, and receipt thereof does not constitute the formation of, an attorney-client relationship. Attorney advertising.


Ansell Grimm & Aaron 2021 Litigation Roundup

As the world continues to struggle with the coronavirus pandemic, and millions of small and mid-sized businesses continue to be confronted with unprecedented challenges, the attorneys in Ansell Grimm & Aaron’s Litigation Department assisted the Firm’s clients in protecting their businesses and livelihoods. Led by co-chairs Lawrence Shapiro and Joshua Bauchner, and assisted by attorneys Barry Capp, Anthony D’Artiglio, Stefan Erwin, Rahool Patel, Seth Rosenstein, and Ashley Whitney, the Department is pleased to share its numerous successes.


Bankruptcy Litigation & Debtor/Creditor Matters

Ansell Grimm & Aaron successfully compelled conversion of a meritless Chapter 11 Bankruptcy to a Chapter 7 and convinced the Court to vacate an extension of the automatic stay to principal’s of the Debtor company. Debtor filed a Chapter 11 petition in the District of New Jersey just before it and its principals were scheduled to face trial in the Western District of Missouri on multi-million dollar fraudulent scheme related to the sale of a business. Led by Joshua S Bauchner and Anthony J. D’Artiglio, the firm successfully convinced the Court to vacate an extension of the automatic stay to the principals of Debtor who sought to utilize the Bankruptcy to shield themselves from liability. Furthermore, we vigorously opposed confirmation of a meritless Plan of Reorganization, culminating in Debtor voluntarily converting its Chapter 11 reorganization to a Chapter 7 liquidation requiring the appointment of a Trustee to pursue our client’s and other creditors’ interests. As a result, the adversary complaint and related Bankruptcy matters were dismissed in New Jersey permitting the action to proceed to trial in Missouri.


Breach of Contract Litigation

The Ansell Grimm & Aaron team continued its efforts to recover sums owed to its clients in connection with finance agreements and contracts for the provision of certain services. We doggedly pursued our clients’ counterparties who absconded with loaned funds and enjoyed the benefit of services rendered, resulting in substantial recoveries and settlements for our dedicated and hard-working clients. By way of example, in one action brought on behalf of a trucking insurance agency that guaranteed payments for its client, the insured failed to make millions of dollars in payments under its finance agreement and created a new entity to hide its property and assets from collection. We aggressively tracked down the fraudulently transferred assets, brought the insured’s owner and his new entity into the action, and secured a favorable settlement prior to trial.


Partnership Dispute Litigation

The firm successfully obtained temporary restraints enacted to avoid continued irreparable harm to our client in a derivative action asserting claims against our client’s former business partners for, inter alia, unfair competition, fraud, and breach of fiduciary duty, based on their acts of engaging in direct competition with their shared business and allowing their family members to use the company’s proprietary information to siphon clients and profits from the business. The temporary restraints prevented all competition with our client’s business and provided the leverage necessary to negotiate a dissolution of the business which allowed our client to extricate himself and pursue independent ventures.


Real Estate Litigation

The firm works closely with real estate professionals across the region to protect their rights and put practices in place to minimize potential liability. In an action filed earlier this year on behalf of a Hudson County-based real estate broker, the Firm sued a national real estate developer after the failure to pay a referral fee offered under the developer’s agreement with local brokers. These efforts resulted in our client recovering a substantial portion of the referral fee owed to it, and the same broker subsequently engaged our team to revise their agreements used with clients — and to speak with the broker’s team of agents about mitigating risk and general best practices.


FINRA Matters

In addition to serving as a Financial Industry Resolution Authority (FINRA) Dispute Resolution Services arbitrator, associate Seth Rosenstein also practices before FINRA arbitration panels. In an arbitration filed against a national broker-dealer, the Firm sought an award requiring removal of incorrect and misleading information set forth on the broker-dealer’s Form U5 issued for our client, and for the expungement and removal of the information from FINRA’s Central Registration Depository and BrokerCheck system. Our efforts resulted in the broker-dealer issuing an amended Form U5 that removed the incorrect and misleading information, correcting an injustice that falsely besmirched our client’s reputation.


Police Benevolent Association Matters

Earlier this year, Attorney Ashley V. Whitney filed an appeal with the New Jersey Supreme Court challenging an opinion from the Appellate Division which upheld the termination of a police officer with no prior discipline for alleged violations of the Criminal Justice Information System through his use of full-disclosure vehicle registration searches despite the police department’s failure to identify a single full-disclosure search conducted without justification. The Appellate Division’s decision may have a lasting impact upon the law enforcement community as the performance of searches by police has not been significantly addressed by New Jersey Courts since the decision in State v. Donis, 157 N.J. 44 (1998). The decision is especially pertinent to the issues facing police as it comes on the heels of the Supreme Court’s decision in the matter of In re AG Law Enf’t Directive Nos. 2020-5 & 2020-6, 2021 N.J. LEXIS 486 (June 7, 2021), which upheld the New Jersey Attorney General’s Directives requiring the release of the names of police officers who receive major discipline.

Ms. Whitney continued her prior practice of the representation of police officers as a member of the PBA Legal Protection Plan at the Firm’s Woodland Park office, which included the defense of a high-ranking correctional police officer served with inflated disciplinary charges seeking termination. Following a departmental hearing and the presentation of favorable witness testimony, the employer decreased the proposed penalty from termination to suspension and we are awaiting a final decision.


Class Action Litigation

Ansell Grimm & Aaron successfully obtained dismissal of a nationwide class action in the District of New Jersey for lack of subject matter jurisdiction. Plaintiff brought claims against related to beauty products against the seller, shipper, and a host of individuals and entities. We filed a Motion to Dismiss pursuant to Federal Rule 12(b)(1) asserting the Court lacks subject matter jurisdiction as a result of a pre-litigation, full refund offer by our client to the aggrieved consumer. The Court agreed that the full refund offer made in the ordinary course of business operated to moot Plaintiff’s claims, and dismissed the entire action.


Public Entity Litigation

Ansell Grimm & Aaron successfully secured summary against Plaintiff on a multi-million dollar claim against the City of Bayonne, wherein Plaintiff alleged that Bayonne discriminated against him when it condemned and subsequently demolished a rental property he owned because it was unsafe. We successfully convinced the Court that the claims were barred by the statute of limitations, that the demolition did not constitute a taking within the meaning of  11 U.S.C. 1983, and that Plaintiff’s tort claims could not be asserted against a municipality as a matter of law, leading to dismissal of the entire case.


Ansell Grimm & Aaron Welcomes Lateral Hire to Woodland Park Office

We are pleased to announce Stefan J. Erwin, Esq. has joined Ansell Grimm & Aaron. Mr. Erwin is a Trial Attorney who came to Ansell from an established Newark practice where he represented the largest cities in New Jersey. Mr. Erwin brings nearly a decade of experience to the firm specializing in complex commercial litigation, criminal defense, appellate practice, labor and employment law, public entity, and civil rights. Mr. Erwin graduated from Rutgers University with dual degrees in Political Science and Criminal Justice, and then attended Rutgers Law School where he interned for the Honorable Noel Hillman in the United States District Court for the District of New Jersey. After law school, he clerked for the Honorable James Hely, J.S.C. of the Superior Court Law Division in Union County. He has taught public school children a course in Constitutional Law, founded a local community garden, and sat on the board of a charter school. Mr. Erwin has received several favorable jury verdicts for his clients in the Public Defender’s Office where he litigated cases from inception through appeal.


Best of the Best

It is with great pleasure that Ansell Grimm & Aaron, PC has been named “Best of the Best” Law Firm in the 2021 Official Community Choice Awards published by the Asbury Park Press. This recognition is greatly appreciated as it was not determined by the Bar or another professional organization, but rather by the community we serve on a daily basis.

Cannabis Law October Update

New Jersey Weekly Bar Report

On Monday, October 18, 2021, the New Jersey Law Journal’s weekly Bar Report spoke with NJSBA Cannabis Law Committee Co-Chairs Joshua S. Bauchner, Esq. (of Ansell Grimm & Aaron, PC) and Lisa Gora, Esq. (of Wilentz, Goldman & Spitzer, PA) about the legal landscape surrounding the new state law and what can be expected in the early days of this new industry. The Report includes a Q&A that touches on the new law’s impact on attorneys, opportunities for New Jersey entrepreneurs, municipal involvement, and current expected timelines. A copy of the report can be viewed here.


Cannabis Regulatory Commission Meeting

On Friday, October 15, 2021, the New Jersey Cannabis Regulatory Commission held a meeting during which they voted on and issued recommendations for applicants for Cultivator and Vertically Integrated Licenses as part of the 2019 RFA round. The Commission did not take any action with regard to applicants for Dispensary Licenses. Initially, it was expected that five (5) Cultivator Licenses and four (4) Vertically Integrated Licenses would be awarded. At the meeting, the Commission announced that they would be recommending double the number of Cultivator Licenses. The Commission stipulated that these Cultivator Licensees will need to operate for one (1) year prior to being able to begin adult-use sales. A recording of the meeting will be available on the Commission’s website shortly.


New Jersey Law Journal

On Monday, October 18, 2021, the New Jersey Law Journal published HIGH-lights: A Look at Personal Use Cannabis Rules Adopted by the Cannabis Regulatory Commission. The article, a collaboration between Zachary L. Windham, Esq., of Ansell Grimm & Aaron, PC and Lisa Gora, Esq., of Wilentz, Goldman & Spitzer, PA, focuses on the upcoming adult-use application process in light of the initial regulations released by the Cannabis Regulatory Commission. The article discusses who will receive “prioritization” in the application process and the impact of receiving such priority, as well as surmising when and what to expect for application submission window(s) given the limited details on the topic within the Commission’s initial rules. A copy of the article can be found here.


2018 RFA Awards Still Outstanding

 Despite the Commission’s award of 14 new licenses to applicants from the 2019 RFA, the results of the 2018 RFA are still pending. It has been nearly three (3) years since several rejected applicants filed suit against the state due to lack of transparency and endemic errors in the scoring process implemented by the Department of Health. Last November, a three-judge appellate court vacated the initial 2018 awards and ordered the DOH to develop a new rating system for applications and to increase transparency. The responsibility for reevaluating these applications has been transferred to the Cannabis Regulatory Commission. The Commission has stated that the 2018 RFA applications are still under review. Appellants recently wrote the CRC requesting information on resolving this three-year old matter, however there is no indication of when this review might be completed.


Cannabis Regulatory Commission Cannabis Informational Webinar

On Wednesday, October 13, 2021, the New Jersey Cannabis Regulatory Commission held an informational webinar. During the webinar, the Commission briefly explained the equity and safety provisions in the initial rules as well as providing general guidance for municipalities. The Commission also discussed basic application requirements and what preliminary steps businesses can take to prepare for applying. The biggest news from the webinar was likely the Commission’s statement that Class 5 Retail License holders will be permitted to provide delivery services for their own products without holding a separate Class 6 Delivery Service License. A recording of the webinar can be viewed here.


NJSBA CLE:  Latest Developments In Cannabis Law

On Thursday, October, 28 2021 the New Jersey State Bar Association’s Cannabis Law Committee will be hosting a seminar to discuss The Latest Developments In Cannabis Law, including the Cannabis Regulatory Commission’s initial regulations for the industry. In addition to the personal use cannabis regulations, there will be a panel of township officials to discuss Municipalities and Town Councils, as well as a discussion of corporate and real estate transactions; whether that be the acquisition or disposition of a cannabis operation or the real estate considerations when acquiring real property for, and when leasing to or by, a cannabis operation.


Program Chairs are Joshua S. Bauchner, Esq. of Ansell Grimm & Aaron, PC, and Lisa Gora, Esq. of Wilentz, Goldman & Spitzer, PA. Speakers will include John Barree AICP, PP of Heyer, Gruel & Associates, Jack Fersko, Esq. of Greenbaum Rowe Smith & Davis, LLP, Mollie F. Hartman Lustig, Esq. of Cappuzzo, PC, Michael A. Hoffman, Esq. of The Hoffman Centers, PC, Mayor Ryan Martinez of Butler, Morris County, Ronald P. Mondello, Esq. of Law Offices of Ronald P. Mondello, Robert E. Schiappacasse, Esq. of Sills Cummis & Gross P.C, Mayor Domenick Stampone of Haledon, Passaic County, and Sarah Trent, Founder and CEO of Valley Wellness.


For more information and to register for the NJICLE Seminar – Latest Developments In Cannabis Law click here.


Ansell Grimm & Aaron Round Up: June 2021

AGA Secures Dismissal Of Nationwide Class Action 

Ansell Grimm & Aaron attorneys Joshua S. Bauchner and Anthony J. D’Artiglio obtained dismissal of a putative, nationwide class action for lack of subject matter jurisdiction in New Jersey federal district court.  The case, Cindy Adam v. Frank V. Barone, et al., Civ. A. No.: 3:20-cv-10321-MAS-LHG, concerned claims alleging that Defendants violated various California and Federal consumer protection statutes through their online sale of natural beauty products, including seeking to certify a nationwide class alleging violations of over 40 different States’ consumer protection statutes.  Following Ansell Grimm & Aaron successfully securing a transfer of the case from the Northern District of California to the District of New Jersey, Defendants filed a Motion to Dismiss arguing, among other things, that a pre-litigation offer of a full refund for the purchased products made in the ordinary course of business mooted plaintiff’s claims and divested the Court of subject matter jurisdiction.

The Court rejected plaintiff’s argument that the U.S. Supreme Court’s decision in Campbell-Ewald Co. v. Gomez, did not moot the claims because, in that case, the Supreme Court held that an unaccepted offer of judgment or an unaccepted settlement offer could not defeat subject matter jurisdiction.  Ansell Grimm & Aaron explained that Campbell-Ewald does not apply because a pre-litigation, ordinary course offer of a refund is not a “settlement offer” – a bright-line distinction between pre-litigation refunds and post-litigation settlements.   The Court agreed explaining that it was declining “to extend Campbell-Ewald as Plaintiff suggests, where a refund was offered in the ordinary course of business by a representative of the company during a phone call with a customer.”  As a result, the offer of a refund mooted Plaintiff’s claims such that there was no “case or controversy” permitting Article III subject matter jurisdiction for the Court.  By securing dismissal at the pleading stage, Ansell Grimm & Aaron saved its clients substantial time and expense which otherwise would have been wasted defending a meritless, nationwide class action.

Ansell, Grimm & Aaron attorneys regularly engage in class action defense arising from frivolous claims and seek to obtain a similarly quick and cost-effective result for our clients. Of course, some matters do have merit, in which case our attorneys work to narrow the claims or class towards minimizing damages and obtaining a favorable settlement.

For additional information on Ansell Grimm & Aaron’s class action practice, please contact Joshua S. Bauchner, Esq. ( or Anthony D’Artiglio, Esq. ( at (973) 247-9000.

AGA Attorney Testifies Before State Cannabis Regulatory Commission

Ansell Grimm & Aaron attorney Zachary L. Windham testified before the Cannabis Regulatory Commission on June 1, 2021.  His testimony concerned whether limitations should be imposed on the potency of concentrates and edibles that will be sold in New Jersey marijuana dispensaries.  Zachary explained:  “The path of least resistance from a consumer standpoint would be to purchase all of their cannabis products from the unregulated supplier, who could provide them with a wider variety of product types.”  Accordingly, Zachary recommended against restrictions favoring effective labeling and consumer education.  Media coverage concerning his testimony is available here.

Our dedicated Cannabis Law Practice Group stands ready to assist applicants with ensuring they are prepared when the Request for Applications is issued for adult use cannabis, as well as for additional medical licenses.  Please contact Joshua S. Bauchner, Esq. ( or Zachary L. Windham, Esq. ( at (973) 247-9000 to get started today.

George A. McGowan III Joins AGA As Corporate Attorney

George A. McGowan, III, joined as counsel with the firm. His practice is concentrated in areas of corporate and commercial law (both public and private companies), technology, and transactional matters including Mergers and Acquisitions, Trusts and Estates, Financing and Real Estate. His client roster includes a major data center, a streaming media company, several international manufacturing companies, professional practices, and closely held businesses. Mr. McGowan brings our clients both his private practice expertise with Fortune 500 Company knowledge and experience.

He is a graduate of Manhattan College with a Bachelor’s of Science in two majors, Finance and Marketing. He graduated from Seton Hall University School of Law with a J.D.  He clerked for the Honorable Patrick McGann, in the Chancery-General Equity Court in Monmouth County. He is admitted to practice in the State of New Jersey and its Federal Courts.

Nicholas J. Falcone Joins AGA As Counsel In The Land Use Department

Nicholas J. Falcone is counsel to the firm with the concentration of his practice relating to zoning and land use, and the representation of clients in all phases of governmental approvals for site plans, subdivisions and variances before municipal planning and zoning boards, as well as appeals therefrom. Before joining the firm Mr. Falcone represented planning boards and school districts in Monmouth County, as well as business statewide. Earlier, Mr. Falcone worked at the national law firms Fox Rothschild and the labor and employment boutique Grotta, Glassman and Hoffman, where his practice focused on labor and employment law, representing employers in state and federal courts in all aspects of civil litigation, administrative hearings, and provided HR counseling.

After law school graduation, Mr. Falcone was law clerk to the Honorable Martin L. Greenberg, Superior Court, Chancery Division: General Equity and Probate, and to Honorable Seymour Margulies and Honorable Fred J. Theemling, Jr., Superior Court, Civil Division, Hudson County, New Jersey. While in law school, Mr. Falcone worked as a law clerk at the firm of former U.S. District Court Judge Herbert J. Stern.

Mr. Falcone has had life long association with the arts. Prior to becoming an attorney, Mr. Falcone worked in the Broadway theater, including for the legendary director/producer Harold Prince, film and opera communities. Mr. Falcone served on Board of Directors of the Garden State Film Festival, 2009-2019, including as Chairman of the Board and Chairman and of the Programming Committee for the last six of those years.

Quarterly Litigation Department Roundup: April 2021

As the world continues to face the coronavirus pandemic, and millions of small businesses remain confronted with unprecedented challenges, the attorneys in Ansell Grimm & Aaron’s Litigation Department assisted dozens of clients in protecting their businesses and livelihoods.  Led by co-chairs Lawrence Shapiro and Joshua Bauchner, and assisted by attorneys Barry Capp, Anthony D’Artiglio, Rahool Patel, Seth Rosenstein, Ashley Whitney, and, our newest member, Courtney Dunn, the Department is pleased to share its numerous successes.

Real Estate Litigation

In a recent matter before the Honorable Henry P. Butehorn in Monmouth County, Lawrence Shapiro and Seth Rosenstein were successful in securing summary judgment in favor of their clients as to all claims prior to trial.  Plaintiffs asserted causes of action sounding in common law fraud, violations of the New Jersey Consumer Fraud Act, Unjust Enrichment, Negligence, Breach of Contract, and Equitable Servitude in connection with their purchase of real property in Ocean Grove, New Jersey.  The sellers, who own the property sold to Plaintiffs as well as an adjoining property, prohibited the buyers from utilizing a walkway on sellers’ adjoining property to access the rear entrance to buyers’ home.  The buyers asserted that representations were made by sellers as to their ability to utilize sellers’ walkway, and that they overpaid for their property if there was no access through the rear entrance.

Judge Butehorn’s Order found that there was no basis upon which to establish claims for common law fraud or Consumer Fraud against the defendants.  Specifically, the Court agreed with AGA’s argument that any representation as to walkway access on adjacent property was not part of the transaction at issue and thus could not serve as a basis for a claim of fraud or consumer fraud.

Plaintiffs subsequently filed a motion for reconsideration of the Court’s summary judgment order, which was denied, confirming the victory for our client.

Appellate Litigation

Barry Capp succeeded before the Appellate Division in upholding the validity of the City of Asbury Park’s short-term rental (Air BnB) ordinance, which permitted and established procedures for the short-term rental of residential properties. The plaintiff filed a complaint in the Law Division, Monmouth County, alleging that the ordinance was adopted improperly and that Ordinance itself was facially invalid.

The Ordinance defines those classifications of properties where short-term rentals are both permitted and prohibited. It further establishes a permitting process for property owners who wish to utilize their properties as short-term rentals. Plaintiff asserted a challenge to the manner in which the Ordinance was adopted, claiming that it creates a “new” use of residential property that is a non-permitted and, therefore, was required to be adopted as a zoning ordinance pursuant to the procedures contained in the Municipal Land Use Law (MLUL). Plaintiff further claimed that the use of residential property for short-term rentals violates the City of Asbury Park’s zoning ordinance and therefore was required to be invalidated.

In a thirteen (13) page unanimous decision, and a major victory for the City of Asbury Park, the Appellate Division upheld the City’s actions in adopting the Ordinance and its validity pursuant to its municipal police powers. In so doing, the Appellate Division affirmed the right of owners of certain classifications of property to use their properties as short-term rentals pursuant to procedures established by the City of Asbury Park and its governing body.

Bankruptcy Litigation

Joshua Bauchner and Anthony D’Artiglio are pursuing a multi-million dollar cure dispute in Southern District of New York Bankruptcy Court, seeking to compel a retail Debtor who operated a chain of grocery stores to pay for numerous, needed repairs to a large production and distribution facility.  The Debtor failed to maintain the property in the condition required by the Lease, leading to large scale deterioration.  The case presents interesting legal questions at the intersection of commercial landlord-tenant law and Bankruptcy law, particularly in light of the new tenant’s assumption of the Lease “as is” as part of the Bankruptcy proceedings.

Class Action Litigation

Joshua Bauchner and Rahool Patel continue the defense of multiple class actions filed against New Jersey Retrofitness gym franchises.  This now seven-year old litigation is on remand from the Appellate Division, where the firm successfully secured the dismissal of seven of the eight claims, dramatically narrowing the scope of the litigation.  As a result of numerous procedural challenges encountered by plaintiffs, the matter is back at the pleading stage ensuring our already strapped gym clients are not at risk of liability anytime soon.

COVID-19 Litigation

Department attorneys continue to represent national retail and restaurant tenants in numerous COVID-19 Pandemic-related litigations, securing temporary restraints and preliminary injunctive relief to prevent self-help lockouts, restore utilities, permit outdoor dining, and stay eviction actions.  As pandemic law remains largely unsettled, the Firm presented novel legal arguments to secure favorable decisions and settlements on behalf of many clients, and are preparing for what is understood to be the first trial in the State addressing the impact of Governor Murphy’s Executive Orders restricting operations.

Policeman Benevolent Association Litigation

Ashley Whitney is waiting on a decision from the Appellate Division involving the termination of a police officer with no prior discipline for alleged Criminal Justice Information Systems violations under State v. Donis, through his use of full-disclosure searches despite the police department’s failure to identify a single full-disclosure search conducted without justification.  The Appellate Division’s decision could have lasting implications for police officers as there is little case law addressing the application of Donis in this context.

Ms. Whitney also is continuing her prior practice of the representation of police officers as a member of the PBA Legal Protection Plan at the Firm’s Woodland Park office and is currently defending a high-ranking correctional police officer served with inflated disciplinary charges.

Personnel Successes

Courtney Dunn joined as an associate with the Firm. Prior to joining Ansell Grimm & Aaron, Ms. Dunn practiced commercial litigation along with sports and entertainment law, labor and employment law, and toxic tort law at a firm in New York City. Ms. Dunn received her juris doctor, cum laude, from the Elisabeth Haub School of Law at Pace University where she was a Pro Bono Scholar and worked as a research assistant to Professor Donald L. Doernberg. During law school, Ms. Dunn interned for Justice Terry J. Ruderman, J.S.C. of the Supreme Court of New York.  She also served as an Articles Editor on the Pace International Law Review and was a member of the Moot Court Honors Board.

Following law school, Ms. Dunn served as a law clerk to The Honorable Judge Craig L. Wellerson, the Presiding Civil Division Judge of the Ocean Vicinage of the Superior Court of New Jersey. Ms. Dunn is admitted to practice in New Jersey and New York as well as the Southern District of New York and the Eastern District of New York

Anthony D’Artiglio was named as “One To Watch” by Best Lawyers Magazine, for commercial litigation.  We congratulate Mr. D’Artiglio on this remarkable achievement.

Cannabis Symposium draws hundreds to NJPAC


NBC 4's video of the crowd at the NJ Cannabis Symposium
NBC 4 New York was among the media outlets that covered the NJ Cannabis Symposium which drew a crowd of nearly 800 to the New Jersey Performing Arts Center, Newark on Jan. 25 .

Nearly 800 people interested in taking a role in the legal adult use cannabis industry attended the NJ Cannabis Symposium at the New Jersey Performing Arts Center last night.

As Ansell Grimm & Aaron, PC Partner Joshua S. Bauchner told the Asbury Park Press, “The time is now. If you’re starting today or tomorrow, you need to ramp up. There’s a tremendous amount of work to be done before we get to the actual filing of the licenses – getting your team together, getting your capital, finding your space, figuring out your banking.”

Media coverage of the event was extensive with reports appearing on New York’s NBC and ABC affiliates, on FIOS1 News, in, and this morning on NPR and Good Morning America.

Bauchner, a featured speaker at the symposium, leads AGA’s dedicated Cannabis Law Practice Group which also co-hosted the Symposium alongside the BSC Group, Longview Strategic, Marcum LLP, and the New Jersey Cannabusiness Association.

“We already are planning the next event to be held on March 29 right back at the NJPAC. It will focus on the financial and financing side of the cannabis industry, including banking, raising capital, corporate structure, private lending, and more.” Bauchner explained. Registration for the March 29 Symposium is open at

ANSELL GRIMM & AARON, PC’s Cannabis Law Practice Group is prepared to assist in all aspects of this emerging field and is committed to helping our clients understand their rights and the opportunities in this complex and evolving area of law. For more information visit our Cannabis Law Practice Group, follow us on Twitter at @THCCounselors, or contact Joshua Bauchner at or (973) 247-9000.

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

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

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


Bauchner Representing La Celia Owners in Construction Defect Suit

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.


AGA Hosts Cannabis Roundtable

ANSELL GRIMM & AARON, PC hosted a Cannabis Roundtable on May 11, 2017, including representatives from various business sectors supporting the cannabis community. The goal of the Roundtable was to offer a suite of services to clients providing total support in each sector and easing an otherwise very challenging entry into the cannabis marketplace (particularly on the East Coast).

Participants included:

  • Ed Keating, a co-founder of Cannabiz, which is the most comprehensive source for U.S. marijuana licensing information acquiring and maintaining up-to-date data on over 16,000 marijuana licenses in the Cannabiz Media Database.
  • Frank Salluce and Dave Smokler, the co-founders of 420 IT Solutions, which is the leading provider of business advisory and IT advisory services for the cannabis related businesses.
  • Max Meade and Billy Roberts, with Brown & Brown Insurance, which provides total policy coverage for cannabis, hemp and CBD operations, including: general liability, product liability, excess liability, property, crop, equipment breakdown and workers comp.
  • Tom Corbo, of Shure Grow, which provides hydroponics, lighting and related equipment for personal and commercial cultivation.
  • Joshua S. Bauchner, Esq., Michael H. Ansell, Esq., and Anthony D’Artiglio, Esq. of the firm explained how members of AGA’s Cannabis Law Practice Group can assist with corporate formation and governance, licensing, leasing, financing, litigation, and regulatory compliance.
  • Greg S. Gargulinski, Esq., a criminal defense attorney also with the firm, explained the intersection between state and federal law, and advised applicants on how to protect against a background check revealing dated, unknown, or de minimus issues which may compromise licensure.
  • AGA clients intending to apply for licensure when the application process is reopened also attended, connecting with those who can support the establishment of a dispensary and grow house in accord with New Jersey’s tiered license structure.

ANSELL GRIMM & AARON, PC’s dedicated Cannabis Law group has an in-depth understanding of the laws both specifically and generally related to cannabis production, sale, use, regulation and legalization and our attorneys are here to help individuals and businesses of all sizes and any stage of development plan for a successful future.

For additional information, please visit our Website and follow us on Twitter @THCCounselors where we provide frequent updates on legal and business developments in the cannabis space.

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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