Daniel J. DiMuro, Partner of the New York, New Jersey, and Pennsylvania offices, and Wesley Meehan, associate of the New Jersey and Pennsylvania offices, recently secured nearly a complete dismissal of a Complaint against their client, a national residential property management company. The Complaint contained a host of allegations against the client including causes of action seeking injunctive relief, breach of contract, breach of the implied covenant of good faith and fair dealing, unjust enrichment, intentional infliction of emotional distress and negligence.
The Complaint, filed by a residential apartment owner in a condominium complex for which the client had previously served as property manager, stemmed from the plaintiff’s purported issues involving repairs to her apartment unit. Mr. DiMuro and Mr. Meehan successfully argued that, based upon the allegations, certain claims advanced by the plaintiff were not cognizable under New Jersey law and others were improperly pled and could not be properly pled based upon the specific factual scenario. After securing the dismissal of all of the claims asserted against their client except for one, Mr. DiMuro and Mr. Meehan successfully argued that the condominium association was required to defend and indemnify the client pursuant to the language in the management agreement between the parties.
Mr. DiMuro is a partner in the firm’s Commercial Litigation, Franchise Law, Intellectual Property, and Class Action Groups.
Mr. Meehan is an associate in the firm’s Commercial Litigation and Employment Law Groups.