Partner Joshua S. Bauchner interviewed in OnWallStreet about Morgan Stanley’s desperate third attempt to force private arbitration on an advisor who accuses the firm of wrongful termination.
In an Associated Press interview that appeared in US News & World Report Partner Joshua S. Bauchner discusses the challenges facing small businesses juggling the demands of a lawsuit while managing their day-to-day operations.
Ansell Grimm & Aaron Partner Joshua S. Bauchner says New Jersey lawmakers need to address meritless, copycat lawsuits against gyms in a LegalNewsline.com interview.
Sending an email to a recipient is insufficient proof that it has been read.
On November 14, “The Uninvited: How I Crashed My Way Into Finding Myself,” was released to great acclaim as a story of redemption by AG&A client Craig Schmell.
Just prior to its release, Mr. Schmell’s employer, Morgan Stanley, terminated him upon learning that he is a recovering alcoholic; a critical part of the book’s storyline. Ansell Grimm & Aaron, PC partner, Joshua S. Bauchner, and the firm immediately filed suit alleging unlawful termination arising from the discrimination against Mr. Schmell, a member of a protected class under state law.
The action is captioned: Craig Schmell v. Morgan Stanley & Co., Inc., Docket No. MON-L-4077017, pending in the Superior Court of the State of New Jersey, Law Division, Monmouth County.
Mr. Schmell worked as a Senior Vice President with the company from 2006 until his dismissal earlier this year.
Mr. Schmell gained notoriety for his ability to place himself at the center of major events such as the Rangers’ Stanley Cup victory and the Grammys. In his memoir, he recounts those times and the unfortunate role his substance abuse played in his being “uninvited” onto the world’s stage.
Prior to publication, Mr. Schmell allowed his employer to review the book and, upon its request, made significant changes to accommodate Morgan Stanley. Despite his efforts, which included removing any mention of the company and a reference to an arrest at age 16, Schmell was told the book created “reputational risk” for the company and that risk was the reason for his termination, although he has been sober for nearly three decades.
In his suit, Mr. Schmell contends that the real reason for his dismissal was his prior drug and alcohol abuse and his status as a recovering alcoholic. Indeed, Mr. Schmell and the book already have been featured in multiple news outlets, including: Good Day New York, Cheddar, People Magazine, and Advisor Hub.
Ansell Grimm & Aaron, PC’s employment group regularly represents individuals and employers in discrimination disputes. For additional information, please contact Joshua S. Bauchner or Michael H. Ansell at (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.
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 jb@62q.f7d.myftpupload.com 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 https://ansell.law.
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.
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. (lhs@62q.f7d.myftpupload.com); 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 62q.f7d.myftpupload.com.
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. (jb@62q.f7d.myftpupload.com) or Anthony J. D’Artiglio (ajd@62q.f7d.myftpupload.com) at (973) 247-9000.
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 www.law360.com 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 www.law360.com.
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 (jb@62q.f7d.myftpupload.com) or Michael H. Ansell (mha@62q.f7d.myftpupload.com) 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 62q.f7d.myftpupload.com.
