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				Barbiere
				
				Joseph

Member

TEL: 201-525-6213 / MOBILE: 201-805-5585 / FAX: 201-678-6213 / jbarbiere@coleschotz.comLegal Practice Assistant: Terry Fasciano TEL: 201-489-3000, ext. 5029 tfasciano@coleschotz.com 

A commercial litigator by profession, Joseph serves as a trusted business advisor and outside general counsel to many clients in a broad range of industries including real estate, transportation, finance, construction, and hospitality. Recognized by New Jersey Super Lawyers as a "Super Lawyer" in Business Litigation, Joseph regularly represents clients in all aspects of sophisticated and high-profile litigation matters including business fraud, corporate dissolution and shareholder disputes/oppression actions; contract claims; lender liability actions; construction performance and payment disputes; director and officer liability matters; creditors’ rights, fraudulent transfer and asset recovery matters. Joseph’s professional practice also focuses on defense of commercial and large-scale foreclosure matters and receivership proceedings, which he has litigated throughout the country. Joseph also counsels and represents clients in connection with the acquisition of distressed assets, restructuring of troubled loans and other real estate-related services.

A member of the firm since 2007, Joseph has been awarded an AV Preeminent rating from Martindale-Hubbell. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. See Award Methodology. Some of Joseph's most notable matters include the following:

  • Lead trial counsel in connection with a multi-week trial involving a partnership dispute concerning ownership of large-scale restaurant chain;
  • Lead trial counsel in connection with defense of multi-million dollar foreclosure and lender liability claims;
  • Lead trial counsel for multiple directors and officers of a planned community against whom property owners brought in excess of $20 million in claims for breach of fiduciary duty, fraud and misappropriation;
  • Lead counsel for major owner/operator of New York City taxi medallions in connection with a financing dispute involving a $120 million loan portfolio;
  • Represented owner/operators of various resorts and recreational properties in connection with multi-jurisdiction judicial and non-judicial foreclosure and receivership proceedings;
  • Represented major real estate developer in connection with attorney malpractice claims involving a failed, large scale mixed use development project, resulting in a multi-million dollar recovery;
  • Represented a major real estate opportunity fund in connection with foreclosure of a 120-unit residential condominium project and related bankruptcy proceedings, and achieved a resolution that resulted in satisfaction of a $120 million mezzanine loan;
  • Represented a national developer and property management company in connection with prosecution of fraudulent transfer and alter ego claims that resulted in a recovery of a $15 million judgment;
  • Represented minority member of a limited liability company in litigation against the majority members for breach of fiduciary duties, oppression and mismanagement, which resulted in the acquisition by our client of the majority members’ interest in the company and resolution of all claims;
  • Represented a large New Jersey-based developer in successfully defending against a claim by a former joint venture partner to compel specific performance of a $50 million contract to sell a 500,000-square-foot commercial/retail property. A national retail client in obtaining a permanent injunction enforcing easement rights to prohibit development of a property by a contiguous property owner.

Joseph is a frequent lecturer for the New York Bar Association in the areas of commercial foreclosure and business litigation. He also has lectured before community groups and professional associations in the areas of debtor/creditor law and commercial disputes and has authored articles on business torts and commercial real estate law.

Published Decisions

  • Siras Partners LLC v. Activity Kuafu Hudson Yards LLC,
    • 157 A.D.3d 445, 66 N.Y.S.3d 135 (1st Dep’t. 2018)
  • Berkeley Research Grp., LLC v. FTI Consulting, Inc.,
    • 157 A.D.3d 486, 69 N.Y.S.3d 26 (1st Dep’t. 2018)
  • Matter of Adoption of a Child by M.E.B.,
    • 2018 WL 3421305 (N.J. Super. Ct. App. Div. July 16, 2018)
  • Prince Fashions, Inc. v. 60G 542 Broadway Owner, LLC,
    • 149 A.D.3d 529, 53 N.Y.S.3d 24 (1st Dep’t. 2017)
  • Morgan RV Park Mgmt., LLC v. COMM 2006-C8 RV Park Master SPE, LLC,
    • 129 A.D.3d 1553, 9 N.Y.S.3d 910 (4thDep’t. 2015)
  • MLCFC 2007-9 ACR Master SPE, LLC v. Camp Waubeeka, LLC,
    • 123 A.D.3d 1269, 999 N.Y.S.2d 202 (3rd Dep’t. 2014)
  • MLCFC 2007-9 ACR Master SPE, LLC v. Echo Farms, RV Resort LLC,
    • 2014 WL 5506807 (N.J. Super. Ct. App. Div. Nov. 3, 2014)
  • Brown-Hill Morgan, LLC v. Lehrer,
    • 2010 WL 3184340 (N.J. Super. Ct. App. Div. Aug. 12, 2010)
  • Pathmark Stores, Inc. v. Bernard Oster, Inc.,
    • 2009 WL 2243861 (App. Div.)
  • Madison Realty Capital, L.P. v. Equan Realty, Inc.,
    • 2008 WL 2157886 (NY 1st Dep't 2008)
  • State Farm Fire and Cas. Ins. Co. v. Florkiewicz,
    • 2008 WL 5083143 (App. Div.)
  • Raimondo Contracting Corp. v. North Bergen Bd. of Educ.,
    • 2001 WL 35840162 (App. Div.)
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Education

Elisabeth Haub School of Law at Pace University, J.D., cum laude, 2000; Pace Law Review (Casenote and Comment Editor)

Bar & Court Admissions

New Jersey, 2000U.S. District Court, District of New Jersey, 2000New York, 2002U.S. District Court, Southern District of New York, 2010
The Compelling Case of Self-Publication Defamation

New Jersey Law Journal A successfully prosecuted claim could lead to a significant damage award. January 1, 2009

Joseph Barbiere
 

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