Greenspoon Marder Prevails in Defending Against Motion to Dismiss in Complex Commercial Tenant Case

Oct 18, 2023

Newark, N.J. – October 18, 2023 – Greenspoon Marder attorneys Evan M. Goldman and Kory Ann Ferro successfully represented a real estate investment and management company in a complex commercial tenant case, defending against a motion to dismiss.

The case, involving a breach of lease by a commercial tenant, left the client substantially damaged. The client sued the former tenant and its principal under a variety of theories, and the tenant’s principal attempted to dismiss claims for tortious interference with prospective economic advantage and unjust enrichment.

However, Greenspoon Marder’s legal team prevailed, defeating the motion to dismiss. The Court ruled in favor of the firm’s client, affirming that there were sufficient facts presented for both counts and acknowledging a valid basis for piercing the corporate veil. This significant ruling is pivotal as it holds the individual accountable, preventing him from evading responsibility behind a dissolved company, and giving the firm’s client an opportunity to recover the damages legitimately suffered.

Mr. Goldman is a partner and co-chair of the Franchise Law practice group at Greenspoon Marder LLP. He regularly represents clients in dispute categories such as termination issues, breach of contract, trademark infringement disputes, fraud claims, and enforcement of non-competition agreements. Mr. Goldman is a seasoned litigator, inside and outside the franchise and hospitality industries, representing clients in business litigation matters, including partnership disputes, in both federal and state trial and appellate courts.

Ms. Ferro has an extensive background representing companies and individuals across the country in commercial litigation in state and federal courts. Her experience includes contract and other business disputes, restrictive covenants litigation, employment claims, foreclosure cases, and class action matters. In addition to being admitted in the state and federal courts in New Jersey and New York, Ms. Ferro has been admitted to represent clients for specific cases in various other jurisdictions including Florida, California, and North Carolina.

About Greenspoon Marder

Greenspoon Marder LLP is a full-service law firm with over 225 attorneys and more than 20 office locations across the United States. With operations from Miami to New York and from Denver to Los Angeles, our firm attracts some of the nation’s top talent in key markets and innovation hubs. Our core practice areas include Real Estate, Litigation, and Transactional Services, complemented by the capabilities of a full-service firm. Greenspoon Marder has maintained a spot on The American Lawyer’s Am Law 200 as one of the top law firms in the U.S. since 2015, and our goal is to provide exceptional client service by developing a thorough understanding of each client’s business needs and objectives in order to provide strategic, cost-effective solutions.

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This Greenspoon Marder LLP Client Alert is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.

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Greenspoon Marder Prevails in Defending Against Motion to Dismiss in Complex Commercial Tenant Case

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