Best Lawyers, U.S. News & World Reports Ranks Kluger Kaplan Among Best Law Firms in 2019 Edition

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Best Lawyers and U.S. News & World Report have once again recognized Kluger, Kaplan, Silverman, Katzen & Levine for its professionalism and integrity as a “Best Law Firm” for 2019.

Firms included in the 2019 Edition of “Best Law Firms” are recognized for professional excellence with consistently impressive ratings from clients and peers. It also honors firms who have made their mark on the legal profession and deliver high-quality legal services. Kluger Kaplan was ranked nationally in three practice areas and regionally in eight practice areas.

Below are the practice areas for which Kluger Kaplan was named a “Best Law Firm”:

National Tier 2

* Litigation- Mergers & Acquisitions

* Litigation- Real Estate

National Tier 3

* Commercial Litigation

Regional Tier 1

Miami

* Commercial Litigation

* Family Law

* Litigation- Real Estate

Minneapolis

* Eminent Domain and Condemnation Law

Regional Tier 2

Miami

* Litigation- Mergers & Acquisitions

Regional Tier 3

Miami

* Entertainment Law- Motion Pictures & Television

* Litigation- Banking & Finance

* Securities/Capital Markets Law

The Best Lawyers- U.S. News & World Report “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and assessment of additional information provided by law firms as part of the formal submission process.

For full details on our rankings, please visit Best Law Firms 2019.

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. 

The Best Lawyers in America Recognizes Nine Kluger Kaplan Attorneys

BestLawyersLogo1The Best Lawyers in America© once again recognizes Kluger, Kaplan, Silverman, Katzen & Levine for its legal expertise and excellence in its 2019 edition.

“We are thrilled that our team members have been recognized again for this great honor,” said Founding Member Alan Kluger. “It’s a testament to our dedication to the legal profession and affirms the stellar reputation our attorneys have earned through delivering outstanding client service while practicing with integrity and professionalism.”

The following attorneys were featured in this year’s list:

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Deborah S. Chames

* Family Law

 

Abbey L. Kaplan

* Commercial Litigation

* Entertainment Law- Motion Pictures and Television

* Litigation – Mergers and Acquisitions

* Litigation – Real Estate

 

Bruce A. Katzen

* Commercial Litigation

* Securities / Capital Markets Law

 

Alan J. Kluger

* Commercial Litigation

* Family Law

* Litigation – Banking and Finance

* Litigation – Real Estate

 

Todd A. Levine

* Litigation – Real Estate

 

Philippe Lieberman

* Commercial Litigation

 

Jason R. Marks

* Family Law

 

Steve I. Silverman 5 years

* Commercial Litigation

 

Minneapolis, MN

Daniel N. Rosen

* Eminent Domain and Condemnation Law

Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Almost 87,000 industry leading lawyers are eligible to vote (from around the world), and the publication has received almost 10 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2019 Edition of The Best Lawyers in America©, 7.8 million votes were analyzed.

Anatomy of a Case: Kluger Kaplan Sets New Standard for Upholding Residential Real Estate Contract

Case: Diaz v. Kosch, Third District Court of Appeal of The State of Florida

Thanks to the arguments of Kluger Kaplan attorneys, Alan Kluger and Ashley Frankel, along with Scott Kravetz of Duane Morris, the Third District Court of Appeal of The State of Florida recently set a new standard for strictly upholding the provisions of the Florida Bar’s standard contract for real estate home purchases.

AJK High ResolutionBackground:

The case began in 2012 with a real estate transaction gone bad.  Coral Gables homeowners, David and Tiffany Kosch, entered an agreement with Miami attorney, Richard Diaz, to sell their home “as-is” for nearly $2.8 million.  The purchase agreement followed the standard form for a real estate contract established by the Florida Bar.

As part of the purchase agreement the sellers completed a disclosure statement affirming, among other things, that they had no knowledge of improvements constructed in violation of applicable building codes, without necessary permits, or with any open permits not closed with a final inspection to the property or the presence of toxic substances. The prospective buyer deposited $50,000 in escrow for the purchase with a further deposit of $235,000 due when the 10-day right of inspection and right to cancel period expired.

AFrankel232During the 10-day inspection/termination period, the buyer raised concerns regarding unpermitted renovations; however, they did not negotiate an extension of the inspection period or terminate the transaction. On the final day of the right to terminate period, the buyers deposited the additional $235,000 in escrow, per the agreement, but also threatened legal action against the sellers.

Shortly before the closing date on the purchase, the buyers terminated the transaction demanding return of the money deposited in escrow. The buyers also filed a lawsuit against the sellers and brokers asserting claims for breach of contract, conversion, fraud in inducement, fraud in concealment, negligent misrepresentation, and conspiratorial fraud, with a claim for punitive damages asserted as well. The buyers also alleged the property contained radon contamination requiring extensive remediation.

The Ruling:

The litigation over the failed sale was extensive, lasting more than four-and-a-half years during which the buyer filed multiple motions for punitive damages. Ultimately, Judge Eric Hendon of the Circuit Court for Miami-Dade County issued a summary judgement in favor of the sellers, ruling the buyers did not properly exercise their right to terminate in the period allowed by the contract, and so were not entitled to a return of the money held in escrow. Additionally, the judge awarded the sellers attorneys fees in the case. In June 2018, the Third District Court of Appeal affirmed Judge Hendon’s decision.

The court ruled that the allegations in the plaintiffs’ complaint were contradicted by the language in the “As Is” Residential Contract for Sale and Purchase, which included non-reliance provisions. The court further ruled that the buyers could not attempt to get around these provisions by effectively creating a “conditional tender” of the second deposit, which would make the sellers liable for repairs, permitting issues and other circumstances.

Impact:

This was a landmark decision that reinforces the strict, but enforceable provisions in contracts governing residential real estate transactions. It affirms that purchasers and sellers must carefully review and comply with the letter of each provision in the Florida Bar’s standard form.

Parties in a home purchase must adhere to the wording of the “As Is” contract, which states that once a deposit is in escrow, the purchaser cannot change the terms of the agreement, and must either move forward or walk away. Purchasers are not allowed to create a “conditional tender” with a second deposit to reserve their right to purchase but hold the sellers liable for repairs.

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