2021 Firm News

JANUARY 2021

 
 

SOBEL HAN & CANNON, LLP reappointed as Borough Attorney for Red Bank, New Jersey.

 
 
 

SOBEL HAN & CANNON, LLP reappointed as Borough Attorney for Allentown, New Jersey.

 
 
 

SOBEL HAN & CANNON, LLP reappointed as Borough Attorney for Roosevelt, New Jersey.

 
 
 

SOBEL HAN & CANNON, LLP reappointed as Borough Attorney for Bradley Beach, New Jersey.

 
 
 

SOBEL HAN & CANNON, LLP appointed as Borough Attorney for Fair Haven, New Jersey.

 
 
 

SOBEL HAN & CANNON, LLP reappointed as Tenant Advocate for City of Hoboken, New Jersey.

 
 
 

SOBEL HAN & CANNON successfully settled a matter between the Borough of Red Bank and a local hospital. Pursuant to the New Jersey County and Municipal Water Supply Act, N.J.S.A. 40A:31-1, the Borough of Red Bank owns and operates a municipal water distribution system and local ordinances prohibit anyone other than employees of the Borough’s Water Department from installing, setting, repairing, or removing any meters from the water system. In 2017, the Borough commenced a water meter replacement project and upon entering the defendant’s premises, the Borough discovered an unregistered and inaccessible 4-inch Kent turbine water meter that had not been installed by the Borough in violation of a local ordinance. Due to its unregistered status, the Borough was not properly compensated for the water or sewer services. SHC subsequently commenced legal proceedings and was able to obtain a favorable settlement in the amount of $850,000.00.

 

MARCH 2021

 
 

SOBEL HAN & CANNON, LLP successfully obtained an Order compelling a commercial tenant to remit all past due rent and future rent during the pendency of a Law Division matter. Our client filed a summary dispossess proceeding against the commercial tenant for non-payment of rent. The commercial tenant filed a complaint in Law Division alleging breach of contract and other related claims and further filed a motion to transfer and consolidate the proceedings. SHC was successful in obtaining an Order from the Court compelling the commercial tenant to pay all past due rent and future rent without the need to wait for a determination as to the validity of the commercial tenant’s allegations.

 

APRIL 2021

 
 

Ariana Gomez-Villarini joined the firm as Legal Assistant.

 

MAY 2021

 
 

SOBEL HAN & CANNON, LLP successfully moved for a summary judgment for an award in excess of $150,000.00 for defendants’ violation of the Consumer Fraud Act and was further awarded attorneys’ fees pursuant to the statute.

 
 
 

SOBEL HAN & CANNON, LLP assisted in the acquisition and expansion of a dental practice in Closter, New Jersey.

 
 
 

SOBEL HAN & CANNON, LLP successfully settled a lawsuit against a national banking institution that alleged violation of the Consumer Fraud Act and other related allegations stemming from a real estate transaction. Our clients were able to resolve their claims and avoid the need for trial and the uncertainty as to when their matter would proceed due to the Covid-19 pandemic.

 

JUNE 2021

 
 

SOBEL HAN & CANNON, LLP successfully argued for a warrant of removal to be executed on a tenant who refused to vacate a property that was being sold to a buyer who intended to personally occupy the premises. The tenant claimed that Executive Order 106 prohibited the court from proceeding with the summary dispossess action. SHC argued before the court that Executive Order 106 violated our client’s constitutional right to freely alienate his property; Executive Order 106 was a government taking in violation of the Fifth and Fourteenth Amendments; Executive Order 106 violated the contracts clause of the New Jersey Constitution; termination of the tenancy and execution of a warrant of removal, if Executive Order 106 was found to be constitutional, was still necessary in the interest of justice. The court opined that if the owner is left without the ability to regain possession through eviction, is unable to sell the property except at a ruinous loss and must pay property taxes and mortgage payments with no income to offset these expenses for the foreseeable future, it is difficult to deny he has suffered a taking. However, the court did not go so far as to declare Executive Order 106 unconstitutional but instead stated that Executive Order 106 permitted the court to permit the warrant to be executed “in the interest of justice.” The court further stated that preventing a violation of the Takings Clauses of the Federal and State Constitutions would clearly qualify for such an exception and therefore it was indeed “in the interest of justice” to permit the execution of the warrant of removal.

 

JULY 2021

 
 

Christina Little joined the firm as Legal Assistant.

 

AUGUST 2021

 
 

In the matter of Estate of Oliphant v. Township of West Orange, et al., SOBEL HAN & CANNON, LLP obtained a dismissal of all claims seeking to hold West Orange liable for a vehicle-pedestrian accident allegedly caused by the township’s failure to install crosswalks and/or ensure the illumination of streetlighting at the accident location. In a case without precedent as to the division of duties between New Jersey municipalities and utility companies for the provision of adequate street lighting, SHC successfully argued that, although the common law may permit prospective plaintiffs to hold utility companies liable under certain circumstances, no such common law liability may be alleged against a municipality under the New Jersey Tort Claims Act. Combined with the additional immunities for ordinary traffic markings, such as crosswalks, provided to West Orange by the Tort Claims Act, SHC was able to obtain a complete dismissal of all claims against the township in the litigation.

 

SEPTEMBER 2021

 
 

Candy Vasquez joined the firm as legal assistant.

 
 
 

SOBEL HAN & CANNON, LLP was a proud sponsor and participated in the Michaels Education Foundation Annual Golf Classic which has awarded over $1.4M in 2021.

 
 
 

Andrew Sobel was a guest speaker at the New Jersey Affordable Housing Management Conference at the Hard Rock Hotel & Casino in Atlantic City, New Jersey.

 
 
 

SOBEL HAN & CANNON, LLP was successful in its motion for summary judgment in lieu of complaint in Richmond County Supreme Court. SHC obtained a judgment in New Jersey against a construction company based in New York. In order to reach the defendant’s assets located in New York, SHC was able to docket its foreign judgment via motion practice in the State of New York.

 

OCTOBER 2021

 
 

Anthony Leon joined the firm as Associate Attorney.

 
 
 

SOBEL HAN & CANNON, LLP prevailed in an arbitration hearing against Jaguar Land Rover involving our client’s luxury vehicle. Our client’s vehicle experienced numerous issues within the first year of ownership. The vehicle was in service at the dealership for 36 days in the first 18 months of ownership. We argued that the issues involving the infotainment center and noises from the engine bay were life and safety issues. The arbitrator found the matter to be of merit and Jaguar Land Rover agreed to repurchase the vehicle from our client for the full purchase price ($160,000+).

 

NOVEMBER 2021

 
 

Christina Malamut joined the firm as Associate Attorney.

 
 
 

Kristen Lauricella joined the firm as legal assistant.

 
 
 

Ralph David joined the firm as legal assistant.

 
 
 

SOBEL HAN & CANNON, LLP is a proud sponsor of Basketball Inner-City League in East Orange, New Jersey.

 

DECEMBER 2021

 
 

SOBEL HAN & CANNON, LLP prevailed at trial on behalf of our commercial client. The owner of the subject premises commenced an action alleging monies due and owing, despite the fact that our client conducted extensive repairs to the premises (paving, HVAC, replacement of gas piping and sewer lines), with notice, which ultimately benefited the owner. SHC argued that an owner implicitly covenants that at the inception of the lease there are no latent defects but also implicitly covenants that these facilities will remain in its proper condition throughout the entire term of a commercial lease. Further, SHC argued that based on established caselaw our commercial client was within its right to not only make the changes to the subject premises but to also deduct the cost from rent due and owing. The court agreed and found that our client acted reasonably, given the specific facts of the case, dismissed the plaintiff’s complaint in its entirety and further concluded that our client was in fact permitted to reduce its rental payment by the expenses it incurred in making the aforementioned repairs.

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