Complete Dismissal with Prejudice Secured for Developer in Federal Construction and Disclosure Case

The Stein Adler team including Jacob Lewin and Casey Hail successfully obtained a complete dismissal with prejudice of all claims against its client, a developer of a residential condominium in Brighton Beach, Brooklyn, in a federal action arising from a unit owner dispute.

The plaintiff asserted multiple claims against our client, including fraud, negligence, unjust enrichment, breach of warranty, and federal statutory claims, based on alleged construction defects and failure to disclose flood zone conditions.

Stein Adler moved to dismiss pursuant to Rule 12(b)(6), demonstrating that each claim was time-barred under the applicable statutes of limitations. The Court dismissed all claims against Muss in their entirety with prejudice, bringing the case to a decisive close at the pleading stage.

We’re here to help. Stein Adler Dabah & Zelkowitz LLP regularly represents real estate owners and developers in disputes involving construction defect claims. If you are dealing with such an issue or potential exposure, contact us today.