Litigation

Josh Bauchner speaks to ABC news about the Galloway Case

Ansell Grimm August 12, 2015

Last week the Josh Bauchner, an attorney in Ansell Grimm & Aaron’s Woodland Park office, spoke with Philadelphia’s ABC Action News (Video) regarding Earl Galloway and his suit against Stafford Township and township officials. Bauchner represents Galloway who contends Stafford Township and township officials have tried to intimidate him and violated his First Amendment rights because he spoke out about Mayor John Spodofora’s misrepresentation of his military service.

Ansell Representing Plaintiff in Civil Rights Case

Ansell Grimm July 13, 2015

Michael H. Ansell, Esq., an associate with Ansell Grimm & Aaron, P.C., along with Josh Bauchner, a partner at the firm, is representing Earl Galloway in his suit against Stafford Township and township officials for trying to intimidate him and violating his First Amendment rights. On Friday June 10, State Superior Court Judge Arnold Goldman ruled that the matter qualified as a Civil Rights case and therefore does not need to meet the requirements of the New Jersey Tort Claims Act. To read more on the subject, please visit the Asbury Park Press website.

The information provided on 62q.f7d.myftpupload.com and any of its subpages, including but not limited to the information contained in the blog or News sections (the “Website”), is intended for informational purposes only and should not be considered to be legal advice or advertising for the Firm. Please speak directly with an attorney prior to relying on any information contained herein.

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New Jersey Court Rescues Associations Plagued with Construction Defects &/or a Contractor’s Faulty Work

Ansell Grimm July 9, 2015

Mark Wiechnik, Esq. and Breanne DeRaps, Esq. of Ansell Grimm & Aaron, P.C. secured a resounding victory for condominium associations and homeowners across New Jersey today.

In a published (and precedential) decision the New Jersey Appellate Division found 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. The decision in Cypress Point Condominium Association, Inc. v. Adria Towers, LLC., et al., confirmed that associations plagued by defective roofs, brick, siding and other defects which allow water to intrude and cause damage now have a source of recovery from the General Contractor’s insurance. Prior to this decision, there had been no determination by any appellate court in New Jersey on this issue. In fact, the only reported relevant case until now often killed a community’s or building’s attempt to cure construction defects and/or faulty workmanship, because it found that a General Contractor’s policy could not be triggered by any damage to the building/common elements in question. Mark and Breanne successfully convinced this court to soundly reject that position.

It is common in New Jersey that General Contractors form single-purpose entities that have little or no assets or means to pay a judgment. Thus, absent insurance coverage for the General Contractor, an association is often left without a way to recover the funds necessary to fix construction defects and/or faulty workmanship. The confirmation that insurance coverage exists represents a significant step forward in protecting the rights of associations and homeowners when they are faced with construction defects and faulty workmanship. We are extremely proud of this victory for our clients.

Mark, Breanne and the rest of Ansell’s Community Association Group represent many associations and homeowners suffering from the consequences of defective construction and faulty workmanship. Feel free to contact us at mmw@62q.f7d.myftpupload.com or bmd@62q.f7d.myftpupload.com if you have questions regarding your home or association. We should be able to assist you.

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Bauchner Representing Plaintiff in Civil Rights Case

Ansell Grimm July 1, 2015

Joshua S. Bauchner, Esq., a partner of Ansell Grimm & Aaron, P.C., is representing Earl Galloway in his suit against Stafford Township and township officials for trying to intimidate him and violating his First Amendment rights. To read more on the subject, please visit the Asbury Park Press website.

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AG&A Attorney Michael H. Ansell Quoted in Regional Journals

Ansell Grimm April 17, 2015

Michael H. Ansell, Esq., an attorney with Ansell Grimm & Aaron, P.C., has recently been quoted in the New York Law Journal, New Jersey Law Journal and the Brooklyn Eagle in regard to the ongoing case of Schoenefeld v. State of New York. The lawsuit challenges New York State’s long-standing requirement that attorneys who reside outside of New York State must maintain a physical office in New York State in order to practice in New York State Courts, while attorneys who reside in New York State have no such requirement. Mr. Ansell is a non-resident attorney who practices law in New York and joined an amicus brief filed with the United States Court of Appeals for the Second Circuit by the Georgetown University Law Center’s Institute for Public Representation. Mr. Ansell joined the amicus brief in support of the position that the distinction between resident and non-resident attorneys is unconstitutional.

For further information please visit:

Brooklyn Eagle

New Jersey Law Journal

New York Law Journal

The Linear Construct of a Negligence Claim

Ansell Grimm April 15, 2015

Joshua S. Bauchner, Esq., a Member of Ansell Grimm & Aaron, P.C., recently wrote an article that was published in the New Jersey Law Journal. The article speaks about how lawyers can recite from memory the elements of a negligence cause of action, but how many fail to appreciate that the order of the elements is critical to any claims analysis. For full article, click here.

Ansell Hires New Attorney

Ansell Grimm March 30, 2015

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. Insurance Litigation Focus of CNN Broadcast

Ansell Grimm February 10, 2015

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.

Abyssinian Development Corp. is target of homeowner gripes

Ansell Grimm December 15, 2014

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.

NJ Redevelopment Training Institute

Ansell Grimm September 11, 2014

Lawrence H. Shapiro, Esq., a Member of Ansell Grimm & Aaron, P.C., will be speaking at the NJ Redevelopment Training Institute seminar at the Thomas Edison State College in Trenton on Thursday, October 9th. Mr. Shapiro will be providing an update in recent redevelopment and eminent domain case law. Click here for NJRA Course Syllabus.

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