KF attorneys Jeff Miragliotta and Rachael Marvin recently secured early dismissal for a commercial real estate client on pre-answer motions to dismiss for two cases involving disputes over commercial properties in Union County, New Jersey and Suffolk County, New York.
Plaintiff argued it was entitled to damages in excess of 50 million dollars, including punitive damages, for claims involving trade libel, defamation, conspiracy, and tortious interference with contract and prospective economic advantage for reports that were prepared in connection with the use of a commercial building in Union County, New Jersey. KF attorneys successfully argued that the statute of limitations had run for each of plaintiff’s claims by utilizing a decision from the Supreme Court of New Jersey in an underlying case filed against Union County.
KF attorneys secured another early dismissal on a commercial litigation case in Suffolk County, New York, which involved the execution of competing brokerage agreements by the defendant-property owner. Plaintiff argued it was entitled to damages for breach of contract, tortious interference with prospective economic advantage, and negligent misrepresentation, among numerous other claims. The Court dismissed the lawsuit against our client in its entirety, as plaintiff was not a party to our client’s exclusive rights agreement with the property owner and was aware of the existing brokerage agreement when it executed its own competing contract to list the property. All claims against our commercial client were dismissed with prejudice.
