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FRAUD & LUXURY AUTOMOBILES: JASON L. BITTIGER, ESQ. AND MICHAEL C. FEINBERG, ESQ. PREVAIL IN OBTAINING A DECLARATORY JUDGMENT ADJUDGING CLIENT AS THE RIGHTFUL OWNER OF BENTLEY

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Kenneth Focarino was a victim of a fraudulent scheme perpetrated by Emporio Motor Group, LLC (“Emporio”) in Ramsey, New Jersey when he purchased a 2005 Bentley Continental GT for the sum of $74,215.00. The FBI has reported that the principal and owner of Emporio, Afzal “Bobby” Khan, has defrauded approximately 75 victims in New Jersey and New York. The magnitude of Emporio’s fraudulent scheme has garnered substantial public and/or media attention in the State of New Jersey. Such widespread media attention has expanded since Mr. Khan has fled the country and was indicted by the United States Attorney’s Office for wire fraud.

After Mr. Focarino was unsuccessful in his attempts to obtain the Certificate of Title to the Bentley from Emporio, he retained Bittiger Elias & Triolo to assist his efforts to obtain the title.Read More


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JASON L. BITTIGER, ESQ., PREVAILS IN THE LANDMARK DECISION OF D’AGOSTINO V. MALDONADO BEFORE THE SUPREME COURT OF NEW JERSEY

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Court called to clarify the “ascertainable loss” analysis and calculation of treble damages under the New Jersey Consumer Fraud Act
Jason L. Bittiger, Esq., argued on behalf of Plaintiffs Anthony and Denise D’Agostino before the Supreme Court of New Jersey in the case of D’Agostino v. Maldonado, et al., on January 29, 2013.

Before appearing before the Supreme Court, Mr. Bittiger represented the D’Agostinos in this litigation for more than three (3) years in which the D’Agostinos were victims of a fraud perpetrated by the defendant’s mortgage foreclosure rescue plan. After an eleven (11) day trial, the Honorable Ellen L. Koblitz, P.J.Ch., found that the transaction was an unconscionable commercial practice in violation of the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1, et seq. Judge Koblitz, in a written opinion, held that parties’ transaction was effected by “one-sided and misleading documents” that gave rise to an “unconscionable commercial practice.” In fashioning a remedy, Judge Koblitz voided the conveyance and restored title to the D’Agostinos, awarded treble damages of $150,694 to the D’Agostinos, and awarded $50,590 in attorney’s fees and $1,912 in costs to the D’Agostinos.
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PAUL M. ELIAS, ESQ. CHALLENGES THE SCOPE OF THE “CHARITABLE USE” EXEMPTION FOR LOCAL PROPERTY TAXATION BEFORE THE SUPREME COURT OF NEW JERSEY IN ADVANCE HOUSING V. TEANECK

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Court called to decide the scope of the “charitable use” exemption for local property taxation

Paul M. Elias, Esq. begins his oral argument at 41:54 and concludes with a rebuttal at 1:59:40

Paul M. Elias, Esq., with the assistance of Jason L. Bittiger, Esq. on the brief, argued the cause for the Borough of Fairview before the Supreme Court of New Jersey in the matter Advance Housing v. Teaneck, et al., on January 15, 2013.

Mr. Elias argued that the “charitable use” exemption was inapplicable because the “actual use” of the property was not primarily based on providing counseling and supportive services for disabled individuals. Mr. Elias contended that the counseling services provided by Advance Housing were incidental to the primary purpose of housing people with mental disabilities because the government-subsidized housing controlled all decisions made with the property. In this regard, Mr. Elias points out that potential tenants must qualify under Federal and State subsidized housing standards to reside in one of Advance Housing’s properties. If one of these potential tenants did not meet the subsidized housing standard, then that tenant would be denied housing, even though that tenant suffers from mental illness and needs support services. Mr. Elias argued that the denial of supportive housing and services to this potential tenant merely because he did not qualify under Federal and State subsidized housing standards demonstrates that the primary use of the property is housing, and providing counseling services for individuals suffering from mental illness are secondary.
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