News & Publications

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Publications

Published and Representative Opinions

  • In re Connors, 497 F3d 314 (3d Cir. 2007): In Connors, David Kessler & Associates represented the successful third party bidder at Sheriff’s sale. After the sale, the homeowner filed a bankruptcy petition. David Kessler & Associates filed a motion to lift the bankruptcy stay and allow the Sheriff’s Deed to be delivered. The debtor opposed the motion, seeking to “cure” the mortgage default. The Bankruptcy Court granted David Kessler & Associates’ motion and the debtor appealed to the United States District Court. The District Court affirmed and the debtor appealed to the United States Court of Appeals. The Court of Appeals followed the “Gavel Rule”, holding that a homeowner cannot cure a mortgage default beyond the day of the foreclosure sale. As a result, the third party bidder received the Sheriff’s Deed.
  • Hageman v. 28 Glen Park Assoc., LLC, 402 N.J. Super 43 (Ch. Div. 2008): In this case a foreclosed homeowner brought an action against the third party bidder at Sheriff’s sale. David Kessler & Associates filed a motion to dismiss the homeowner’s Complaint prior to trial. The Court granted the motion and dismissed the homeowner’s action, holding that the homeowner, who had initially obtained a stay of the foreclosure sale based upon false statements to the Court, was precluded by the Doctrine of Unclean Hands from maintaining an action against the third party bidder.
  • All-Brands Elevator Co. v. 350 Warren, L.P., (2007): David Kessler & Associates represented the Plaintiff, a respected elevator installation and repair company servicing commercial buildings in Hudson County. Plaintiff provided service to the Defendant, which owned a warehouse in Jersey City. David Kessler & Associates brought the case to trial and obtained a Judgment in the full amount of Plaintiff’s claim. Defendant paid the Judgment.
  • Jersey City Rent Control Case, (App. Div. 2009): In this case, a residential tenant filed suit against her landlord, alleging rent overcharges in violation of the Jersey City rent control ordinance. The tenant sought damages under the New Jersey Consumer Fraud Act. David Kessler & Associates, representing the landlord, filed a motion to compel tenant to exhaust administrative remedies at the local rent control level prior to bringing action in Superior Court. The trial judge denied the motion. David Kessler & Associates filed an interlocutory appeal to the Appellate Division on behalf of the landlord. The Appellate Division issued an Order placing the Superior Court action on hold and directing the tenant to proceed before the rent control board. The matter settled shortly thereafter.
  • Summit Transport Corp. v. Cambridge Group, (App. Div. 2003): Plaintiff supplied heating oil to apartment buildings in Essex and Hudson Counties owned by a limited liability company (LLC). The individual defendant was the managing member of the LLC. The LLC then sold the buildings with a large unpaid balance due to Plaintiff. David Kessler & Associates, on behalf of Plaintiff, brought an action against the LLC and individually against its managing member, alleging breach of contract, fraud, unjust enrichment and alter ego liability. After a bench trial in Bergen County, the Court entered Judgment in favor of Plaintiff. Defendants appealed. The Appellate Division upheld the Judgment, ruling that David Kessler & Associates had presented sufficient evidence to “pierce the corporate veil” and impose personal liability against the individual defendant. Defendants thereafter paid the full Judgment amount plus interest.
  • Tobar Construction Company v. R.C.P. Associates, 293 N.J. Super 409 (App. Div. 1996)