The Real Deal: JMH Development must turn over remaining interest in 300 Collins: judge

The Real Deal features Kluger Kaplan’s recent win on behalf of PSB Collins LLC.  

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A judge has ordered Jason Halpern’s JMH Development to turn over its remaining interest in Three Hundred Collins to its silent partner, amid ongoing litigation.

The five-story, 19-unit boutique condo at 300 Collins Avenue in Miami Beach’s South of Fifth neighborhood was completed this summer, and has just one unsold unit remaining: Penthouse 2 priced at $5.3 million. JMH must turn over that unit and any cash in the bank to its partner PSB Collins LLC, led by Dhruv Piplani, according to an order signed by Miami-Dade Circuit Judge William Thomas.

Piplani’s attorney Marko Cerenko said Piplani’s entity is also entitled to the cash proceeds of the $1.6 million sale of unit 3-A, which was purchased just before the lawsuit went to trial last week. The value of the total owed to Piplani’s entity is estimated at $6 million to $7 million, said Cerenko, a partner at Miami-based Kluger, Kaplan, Silverman, Katzen & Levine…

Continue reading in The Real Deal. 

Law 360: Ruling Puts Banks On Hook For Fla. Real Estate Back Taxes

Law360

Law360, Miami (October 27, 2017, 8:25 PM EDT) — When a mortgage company loaned money to a Miami buyer in 2007, the lender didn’t know the homeowner would improperly claim a homestead property tax exemption. It wasn’t until seven years later that the county would file a lien for the unpaid taxes, a lien that a Florida appeals court now says applies retroactively and takes priority over the mortgage.

The decision, issued Oct. 18, could cause headaches for lenders and title insurers who will now need to worry about priority liens popping up after closing and applying retroactively.

The biggest issue with the decision is its retroactive nature, which could, depending on the property and how long the homeowner wrongly claimed the exemption, lead to liabilities of hundreds of thousands of dollars, according to Farach. By law, a tax assessor can claim up to 10 years’ worth of back taxes for improper homestead exemptions.

“Florida has always been a first in time, first in right state, with one exception: that government liens are superior,” said Marko Cerenko, a partner at Kluger Kaplan Silverman Katzen & Levine PL. “But this means you can go back in time and prioritize a subsequent lien.”

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Daily Business Review: Litigation Department of the Year

Daily Business Review

Kluger Kaplan Litigation Department of Year

Alan Kluger, Marko Cerenko, Todd Levine, Steve Silverman and Abbey Kaplan, of Kluger, Kaplan, Silverman, Katzen & Levine. Photo via DBR.

Litigation Department of the Year

General Litigation – Midsize

Kluger Kaplan

The 31-attorney litigation boutique is known nationally for taking on complex, high-stakes disputes across a range of disciplines and industries.

Kluger Kaplan’s trial lawyers have earned national recognition as determined and effective client advocates. Their expertise is in business and corporate litigation, real estate litigation, securities and financial fraud, corporate governance, probate and estate, bankruptcy litigation and debtor and creditor’s rights, federal and state appeals, professional liability, intellectual property, class actions and complex matrimonial litigation.

The firm is called upon by general counsel from companies across the country to litigate big matters.

Its cases include litigation against Donald Trump’s company, Alex “A-Rod” Rodriguez’s divorce, the Fontainebleau Las Vegas director and officer liability case, litigation against developer Art Falcone and his Miami Worldcenter project, the Victor Posner estate battle, Claudio Osorio’s investment fraud litigation and the Dollar Tree restrictive covenant cases.

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Kluger Kaplan Silverman Katzen & Levine Promotes Marko Cerenko to Partner

Marko Cerenko - High ResMIAMI, FL – Miami-based litigation firm Kluger, Kaplan, Silverman, Katzen & Levine announces Marko Cerenko has been named partner at the firm.  Cerenko focuses his practice primarily on complex commercial litigation and real estate litigation, while additionally working on many of the firm’s high profile construction litigation as well as trusts, estates and probate cases.

“Marko has been a rising star since the beginning of his career at Kluger Kaplan,” said Founding Member Alan Kluger. “As our firm looks to the future, we are committed to rewarding our next generation leadership and are confident Marko will succeed in his new role as Partner.” Continue reading

Where did nursing home patient’s $2 million go? Son says he knows — and sues

Miami Herald titlenursing home

Over a span of more than five years, staff members of a Northeast Miami-Dade nursing home managed to bilk a former client out of more than $2 million, an attorney representing the man’s son claimed in a lawsuit filed in Miami-Dade Circuit Court.

Zachary Ziskin, on behalf of his father, Avigdor Ziskin, alleges that Regents Park at Aventura, 18905 NE 25th Ave., did not properly screen its employees, leading to the theft.

Ziskin’s team of attorneys — Bruce Katzen, Marko Cerenko and James Diamond — detailed Ziskin’s time at the home and how he lost his fortune in a 19-page lawsuit filed June 21 naming only the home.

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