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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 

Joseph Barbiere is a member of the firm’s Litigation Department and Real Estate Special Opportunities Group. Recognized by New Jersey Super Lawyers as a "Super Lawyer" in Business Litigation, Joseph represents clients in a broad range of industries in all aspects of sophisticated and controversial litigation matters including real estate disputes, breach of contract actions, business divorces, debtor/creditor issues, fraudulent transfer litigation, asset recovery and lender liability matters. 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. Joseph’s professional practice also focuses on commercial and multijurisdiction foreclosures, receivership proceedings, acquisitions of distressed properties and debt and workouts/restructuring of troubled loans.

Joseph has litigated numerous complex commercial matters in New York, New Jersey and throughout the country. He has also represented and counseled clients in numerous arbitration and mediation proceedings and appeared before various administrative bodies. 

A member of the firm since 2007, Joseph has successfully represented clients on a number of complex litigation and work-out matters including representing:

  • 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;
  • 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;
  • 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;
  • A 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;
  • 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;
  • A Chicago-based financial institution in successfully defending against lender liability claims, and ultimately prevailing in obtaining a recovery in excess of $20 million in a foreclosure; and
  • Owner/operators of resorts and recreational properties in connection with multi-jurisdiction judicial and non-judicial foreclosure and receivership proceedings.

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

  • 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)

William Paterson University, B.A., 1997

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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