March 28th, 2023

Three Incredible March Wins for the Gross McGinley Litigation Team

In March of 2023, the Litigation Team of Gross McGinley held their heads high as they marked three great wins at Trial and in Arbitration.

Attorneys Cohen and Sandercock successfully defended a residential developer against claims brought by another developer, and its affiliates, claiming they maintained an interest in a project worth millions despite previously agreeing to relinquish the project under threat of foreclosure. Following 8 days of a bench trial in the Lehigh County Court of Common Pleas that spanned 3 sessions over 5 months, Attorneys Cohen and Sandercock obtained a complete defense decision.  In a comprehensive 100+ page decision, the Judge found a lack of credible evidence to support the claimants’ contention that they were legally entitled to a share of profits in exchange for their questionable and disputed contributions to the development project.  In finding in favor of Attorneys Cohen and Sandercock’s clients, the Judge noted that “nearly all of the evidence that [the claimants] produced regarding the existence of a profit-sharing agreement [was] one-sided and unsubstantiated.”  As a result, the Judge found in favor of Attorneys Cohen and Sandercock’s clients on all the seven counts asserted against them.

Just a short time later, Attorney Nicholas Sandercock found victory again. This time in an arbitration case involving an Allentown Homeowner who hired a roofing company to replace the roof on a local historic home. During the installation of the new roof, the homeowner discovered and raised concerns about deviations from the agreed-upon proposal.  Rather than address the concerns and fix the issues, the roofing company chose to sue the homeowner for unpaid costs. The homeowner in turn filed a counterclaim stating the roofing company was in breach of contract, breach of unfair trade practices, breach of the Home Improvement Consumer Protection Act, and fraud. After a 4-hour arbitration, the homeowner was awarded the win and a substantial amount of money to cover damages from her counterclaims. In the words of Attorney Sandercock, “(the homeowner) did the one thing they feared the most…checked their work.”

Finally, Attorney Nicholas Sandercock again snatched a win when he had the court grant a “Motion for Release of Escrow Funds.” Attorney Sandercock’s clients had hired the defendant to build them a house, but he never finished it and when the construction loan converted to a mortgage, the Bank refused to release the final draw, which was around $70,000. Subsequently, his clients hired another attorney to sue the defendant for breach of contract among other things, but the bank still held on to the $70k, and my clients continued to pay their mortgage as if they had received the money. When their original attorney untimely passed away, the clients hired Attorney Sandercock. He discovered the Defendant had shuttered his business three years ago and motioned to the court to enter an order compelling the bank to release the funds to his client. The Court granted Attorney Sandercock’s motion, and his clients were able get their $70k out of the bank, even though the litigation is still ongoing.

To learn more about the premier Litigation team of Lehigh Valley, check out their practice page at the link below.

Attorney Samuel E. Cohen serves as partner and the co-lead attorney for the Litigation Practice Group for Gross McGinley, LLP practicing in the areas of Litigation, Business, Employment, Municipal and Real Estate.

Attorney Nicholas Sandercock practices as an Associate Attorney for the Litigation Practice Group and a member of the Medical Malpractice Group of Gross McGinley, LLP.

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