Result

Samuel M. Goffinet, Esq. of our New Jersey office successfully moved for summary judgment dismissing the Plaintiff's complaint and all cross claims in this $1.6 Million dollar property loss matter against Silk City Stone, LLC.  The case involved claims based on negligence, nuisance and trespass for damage allegedly caused by Silk City to rolls of fabric stored as inventory in the plaintiff’s warehouse.  Silk City had rented space within the warehouse to manufacture decorative stone veneer used in fireplaces and building facades.  The plaintiff claimed that dust caused by Silk City’s operations caused irreparable damage to its inventory. This office filed a motion for summary judgment to dismiss both the Plaintiff's complaint and the cross claims, arguing, among other things, that the plaintiff had no standing to pursue the claim since the fabric inventory was the subject of a sale and leaseback and was not owned by the plaintiff. Although the court found the sale and leaseback agreement to be valid, the motion was denied on the grounds that there was a question of fact as to whether any of the fabric was acquired after the sale and leaseback and thus owned by the plaintiff. Thereafter, this office filed a motion for reconsideration arguing that the court overlooked the fact that the plaintiff conceded that it had no records of when any of the fabric was acquired. Further, it was argued that plaintiff engaged in spoliation of evidence and failed to maintain the information that would have determined the ownership of the fabric. Upon reconsideration, the Honorable Bruno Mongiardo, J.S.C, granted our motion in its entirety.  (January, 2018).