MOODK New Jersey Attorneys Secure Dismissal for Landlord in Leased Premises Liability Action

Melissa J. Brown and Amanda A. King of Marks, O’Neill, O’Brien, Doherty & Kelly, P.C.’s New Jersey office secured the dismissal of a lawsuit against a commercial landlord for bodily injuries.  The Plaintiff claimed liability on the part of the landlord for an alleged dangerous condition inside the premises.  Citing triple net provisions in the lease agreement, Attorneys Brown and King were successful in obtaining a dismissal of all claims with prejudice.


Karen M. Lager and Anna Mandel of Marks, O’Neill, O’Brien, Doherty & Kelly, P.C.’s New York City office secured a pre-answer dismissal of a third-party Complaint filed against a title agent in connection with the purchase and sale of a six-unit apartment building in Brooklyn, New York.  The third-party plaintiff, the seller of the property, sued the title agent on a negligence theory, for alleged failure to perform certain New York City Housing Preservation and Development violations searches up to the time of closing, and for other alleged failures.  The movants argued, among other things, that, pursuant to CPLR § 3211, the third-party plaintiff failed to state a claim upon which relief may be granted as against the title agent as the tile agent did not owe a duty to the seller of the property.  Following oral argument, Hon. Debra Silber of New York State Supreme Court, Kings County, granted MOODK’s motion and dismissed the third-party action as to the title agent on the grounds that, among other things, there was no contractual privity between the seller and the title agent, and the title policy omitted work performed on the property by the Housing Preservation and Development Department.


Marks O’Neill attorney Erica Johnson, Esquire represented Re/Max and a real estate agent in a failure to disclose action.  Specifically, Plaintiff sued claiming negligence and respondeat superior for failure to disclose defects at the time of the sale resulting in monetary damages due to work that was required on the house after purchase.  

Erica filed Preliminary Objections arguing that Plaintiff’s claims were legally insufficient and that the claims were not permitted under the Real Estate Seller’s disclosure Law. 

The Court sustained the preliminary objections and dismissed all claims against Re/Max and the real estate agent with prejudice.


MOODK’s Products Liability Defense Verdict upheld in U.S. Court of Appeals for the Third Circuit

Daniel Bentz, managing partner in the Pittsburgh office, recently obtained a favorable ruling from the United States Court of Appeals for the Third Circuit, upholding the defense verdict obtained at the trial level. This was a complex products liability case in which our client was accused of manufacturing defective specialty seats used in the locomotive industry.

After a nine-day trial, the jury returned a verdict in favor of our client. The Plaintiff appealed the verdict, claiming the jury’s verdict was inconsistent, which could not be reconciled, and demanded a new trial on all the issues.

The Third Circuit disagreed with this and affirmed the defense verdict.


Richard Ochran Jr. Named to the National Black Lawyers “Top 40 Under 40” List

Richard Ochran Jr., an associate in MOODK’s Casualty, Construction Accident/Construction Defect and Professional Liability groups, has been named as a “Top 40 Under 40” attorney in Maryland byThe National Black Lawyers, a commendation given to an exclusive group of lawyers for their exceptional skills and qualifications in the field.  Richard was selected to the joint the prestigious group after a rigorous nomination and vetting process, which includes peer nominations combined with third-party research.

According to the NBL web site, the National Black Lawyers is an elite network of legal experts whom selects highly successful and influential lawyers with reputations for providing excellent legal representation in their respective practice areas. The NBL recognizes and promotes the present contributions of African American lawyers and connects lawyers, locally and nationally, to share their knowledge with other members.

Recognition by this educational and networking organization highlights Richard’s professional accomplishments, leadership skills and dedication to diversity.  Ochran is admitted to practice in various federal and state courts in Maryland and Washington, D.C.