Representative Cases
Interstate Realty Management Company v. Community Realty Management Company, Atlantic County, New Jersey

Bazelon Less & Feldman attorneys Jeffrey Less and Noah Charlson won a multi-million dollar plaintiff's verdict in this breach of contract case between two real estate management companies. This case concerned an agreement to share management commissions for five real estate projects developed by the plaintiff's owner. Although summary judgment was granted against plaintiff in 2007, BLF successfully appealed the decision to the Appellate Division of the New Jersey Superior Court, which reversed the summary judgment and remanded the case for trial. The case was tried for nine days before an 8-member jury, which returned a unanimous verdict for the plaintiff.

BLF Case Establishes Major Precedent in Pennsylvania Commercial Law

Bazelon Less & Feldman attorneys A. Richard Feldman and Lisa Barton won a major victory for their client in the Superior Court on September 22, 2009 in Walnut Street Associates v. Brokerage Concepts, Inc. The case involved a tortious interference claim that was based on true statements in a letter. On appeal from a June 2007 jury verdict for plaintiff, the Superior Court agreed with BLF’s client and adopted section 772(a) of the Restatement (Second) of Torts, which precludes tortious interference liability for true statements. The ruling brought Pennsylvania’s law into line with the case law of the great majority of states that have considered the issue.

Oxford Valley Crossing v. PennDOT

On September 17, 2009, following a four day jury trial in Bucks County, Pennsylvania (Judge John J. Rufe, presiding) a verdict was returned in this condemnation case in favor of BLF client Oxford Crossing Associates in the amount of $1,050,000, representing condemnation damages as of the date of taking on June 12, 2001. The Judge will separately decide the issues of delay damages and carrying costs. Shareholders Richard Bazelon and Helen Heifets were the trial attorneys for the condemnee.

The condemnation was for the purpose of relocating a state highway, Oxford Valley Bristol Road, in the area of its intersection with Oxford Valley Tulleytown Road, so as to relocate the intersection, which is near the Oxford Valley Mall in Falls Township, Bucks County. The property at issue in the condemnation damages trial was a site at the intersection of these highways (pre-condemnation) and had been used as a Fuddruckers restaurant. The taking in June, 2001, consisted of an area which constituted about 20 percent of the restaurant property, so that the issue was how this taking impacted the property (sometimes referenced as severance damages).

In the verdict, the jury decided three issues: (1) the fair market value of the restaurant property immediately before the condemnation, which the jury determined was $1.2 million; (2) the fair market value of the property of the property immediately after the condemnation on June 12, 2001, which the jury determined was $150,000; and the amount of condemnation damages based thereon, i.e., $1,050,000. The condemnee had asked the jury to determine that the pre-condemnation value was $1.3 million, and PennDOT had asked the jury to find that the fair market value immediately prior to condemnation was $675,000.