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Zarwin Real Estate Clients Prevail in Superior Court

March 28, 2014

Zarwin’s commercial litigators achieved back to back successes in the Superior Court, winning unanimous affirmances of significant victories secured on behalf of several of the Firm’s real estate clients. In the first, Tony Twardowski and Phil Magen convinced the trial court to dismiss breach of contract and unfair competition claims asserted by two national home builders against one of their competitors.  The damages sought against Zarwin’s client exceeded $10 million.  Through creative and aggressive discovery efforts, Tony and Phil learned that the plaintiff home builders had taken inconsistent positions in another litigation and convinced the trial court that the plaintiffs were accordingly precluded from pursuing their claims against their competitor.  Unhappy with the trial Court's decision, the plaintiffs appealed. After briefing and oral argument, the appeals court unanimously upheld the dismissal in all respects.  Still unwilling to accept defeat, the plaintiffs asked the entire Superior Court to review the matter, which was unanimously denied on February 26, 2014.  Less than a month later, the Superior Court also unanimously affirmed the judgment secured by Ken Fleisher and Phil Magen on behalf of the owner of a major regional shopping center in successfully defending against claims by neighboring property owners of a prescriptive easement over the shopping center for vehicular and pedestrian access to and from their properties.  After a four day trial, the trial court adopted the arguments presented by Ken and Phil and denied the claimed easement.  Agreeing with the Firm’s and the Trial Court’s interpretation of the law and its application to the facts of the case, the Superior Court unanimously affirmed.


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