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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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