Preview
CAM-L-000812-24 03/14/2024 3:09:46 PM Pglof4 Trans ID: LCV2024676465
COHEN & RIECHELSON
BY: PHILIP J. COHEN, ESQUIRE
LD. #: 029991993
3500 Quakerbridge Road, Suite 203
Hamilton, NJ 08619
(609) 394-8585/609-394-8620 (fax)
pcohen@crlawoffices.com
Attorneys for the Plaintiff
NJ Linden Properties, LLC SUPERIOR COURT OF NEW JERSEY
CAMDEN COUNTY -LAW DIVISION
Plaintiff,
Docket No.:
vs.
Civil Action
201 Linden Ave. Pinball Headquarters, LLC
Complaint and Jury Demand
Defendant,
Plaintiff, NJ Linden Properties, LLC a foreign entity licensed to do business in New Jersey,
with a principal: place of business located at 120 Windsor Place, Central Islip, NY, by way of
Complaint against the Defendant, says
1 Upon information and belief, Defendant 201 Linden Ave. Pinball Headquarters, LLC, is a
New Jersey registered entity with a principal place of business located at 40 Winfield Circle,
in the Township of Sewell, County of Gloucester and State of NewJersey.
At all times relevant herein, Defendant represented itself as the rightful owner of
commercial property located at 201 Linden Avenue, in the Township of Somerdale, County
of Camden and State of New Jersey.
Defendant listed the aforesaid property for sale at $270,000.00, “as is” and without any
Tepresentations as to its fitness.
The Plaintiff agreed to a sales price for the aforementioned property at $270,000.00 and all
other conditions required by Defendant.
CAM-L-000812-24 03/14/2024 3:09:46 PM Pg2of4 Trans ID: LCV2024676465
Defendant presented Plaintiff with a proposed contract for the sale of the aforementioned
property.
On or about February 22, 2024, Plaintiff wired a $10,000.00 deposit to the Title Agency that
Defendant requested said funds to be forwarded.
Defendant accepted the deposition and did not return same.
On or about March 1, 2024, Plaintiffs counsel provided Defendant's counsel with a marked-
up version of the contact that made only minor changes to non-material issues such as
changing the date of the Contract for sale from February to March, correcting the spelling of
Plaintiff's name and the date of the closing.
On or about March 6 2024, Defendant's counsel forwarded a temporary COO for the
property by way of an email and Plaintiffs counsel responded in an email asking for a
recommendation of a title company for the closing.
10. On the same date, Plaintiff's counsel advised that Plaintiff did not require permits and a
’
permanent COO before the closing.
14. Plaintiff reasonably believed that the parties reached an agreement for the sale of the
property and had secured the remaining funds to complete the sale.
12. Believing that the sale of the property was forthcoming, Plaintiff incurred substantial funds
and time to prepare for the closing.
13. Plaintiff intended to lease said property as a freight forwarding warehouse and had secured
aclient to rent the premises from Plaintiff.
14. On or about March 6, 2024, counsels for the parties reached an agreement to the
aforementioned non-material edits.
CAM-L-000812-24 03/14/2024 3:09:46 PM Pg3of4 Trans ID: LCV2024676465
15. On or about March 8, 2024, Defendant’s counsel advised that even though the parties had an
agreement for the sale of the property “as is”, Defendant accepted a later offer for more
money than the parties agreed.
16 Upon information and belief, Defendant used the agreement with Plaintiff to secure an
increase offer of $349,000.00.
COUNT ONE BREACH OF CONTRACT
Ls Plaintiff re-states and re-alleges the preceding paragraph as if fully set forth herein.
18. The parties had reached an agreement for the sale of the aforementioned property.
19. Plaintiff secured the funding to complete the sale of the property and had accepted all of the
conditions required by Defendant for the sale of said property.
20. Defendant failed to complete the sale as Defendant obtained a higher sales amount.
21. As a direct consequent of Defendant's breach, Plaintiff incurred expenses to complete the
elements of the agreement required of Plaintiff and sustained loss of economic advantages,
including but not limited to increase property value, loss of rental income and loss of
reputatior.
WHEREFORE, Plaintiff, NJ Linden Properties, LLC, demands judgment against Defendant 201
Linden Ave. Pinball Headquarters, LLC for compensatory damages together with interest and costs
of suit.
COUNT TWO PROMISSARY ESTOPPEL
22. Plaintiff re-states and re-alleges the preceding paragraph as if fully set forth herein.
23. Plaintiff reasonably relied upon Defendant's promise to sell the aforementioned property.
24. Plaintiffs reliance upon Defendant's aforementioned promise resulted in Plaintiff sustaining
a definite and substantial detriment.
WHEREFORE, Plaintiff demands judgment against Defendant as following:
CAM-L-000812-24 03/14/2024 3:09:46 PM Pg4of4 Trans ID: LCV2024676465
A. Ordering Specific performance compelling Defendant to sell the property to Plaintiff;
B. For such other and further reliefas the Court deems to be just and equitable.
COUNT THREE BREACH OF IMPLIED COVENENT OF GOOD FAITH AND FAIR DEALING
25. Plaintiff re-states and re-alleges the preceding paragraph as if fully set forth herein.
26. Implied in every contract in New Jersey is a duty of good faith and fair dealing.
27. Defendant breached the implied duty of good faith and used Plaintiff's agreement to obtain
increased offers for sale of the aforementioned property.
WHEREFORE, Plaintiff, NJ Linden Properties, LLC, demands judgment against Defendant
201 Linden Ave. Pinball Headquarters, LLC for compensatory damages together with interest
and costs of suit.
EMAND FOR JURY TRIAL
PLEASE TAKE NOTICE that Plaintiff demands a trial by jury of six persons on all Counts of
the within Complaint.
DESIGNATION OF TRIAL COUNSEL
PHILIP J. COHEN, ESQUIRE is hereby designated as trial counsel in the within matter.
CER’ CATION REGARDIN PROCEEDINGS AND PARTIES
I certify in accordance with Rule 4:5- that there are no other proceedings, either pending or
contemplated with respect to the matter in controversy in this action, and that there are no other
parties who should be joined in the action to the best of my knowledge, information, and belief,
Law Offices of
COHEN & RIECHELSON
Z_— 2
B ZZ
‘ SEs “CO
RE N. ESQUIRE
Dated: March 14, 2024
CAM-L-000812-24 03/14/2024 3:09:46 PM Pglof2 Trans ID: LCV2024676465
Civil Case Information Statement
Case Details: CAMDEN | Civil Part Docket# L-000812-24
Case Caption: NJ LINDEN PROPERTIES , LLC VS 201 Case Type: CONTRACT/COMMERCIAL TRANSACTION
LINDEN AVE. PI Document Type: Complaint with Jury Demand
Case Initiation Date: 03/14/2024 Jury Demand: YES - 6 JURORS
Attorney Name: PHIL COHEN Is this a professional malpractice case? NO
Firm Name: COHEN & RIECHELSON Related cases pending: NO
Address: 3500 QUAKERBRIDGE RD STE 203 If yes, list docket numbers:
HAMILTON NJ 08619. Do you anticipate adding any parties (arising out of same
Phone: 6093948585 transaction or occurrence)? NO
Name of Party: PLAINTIFF : NJ Linden Properties, LLC Does this case involve claims related to COVID-19? NO
Name of Defendant's Primary Insurance Company
(if known): None Are sexual abuse claims alleged by: NJ Linden Properties, LLC?
NO
THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE
CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION
Do parties have a current, past, or recurrent relationship? NO
If yes, is that relationship:
Does the statute governing this case provide for payment of fees by the losing party? NO
Use this space to alert the court to any special case characteristics that may warrant individual
management or accelerated disposition:
Do you or your client need any disability accommodations? NO
If yes, please identify the requested accommodation:
Will an interpreter be needed? NO
If yes, for what language:
Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO
Medical Debt Claim? NO
| certify that confidential personal identifiers have been redacted from documents now submitted to the
court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b)
03/14/2024 /s/ PHIL COHEN
Dated Signed
CAM-L-000812-24 03/14/2024 3:09:46 PM Pg2of2 Trans ID: LCV2024676465
Preview
CAM-L-000812-24 03/14/2024 3:09:46 PM Pglof4 Trans ID: LCV2024676465 COHEN & RIECHELSON BY: PHILIP J. COHEN, ESQUIRE LD. #: 029991993 3500 Quakerbridge Road, Suite 203 Hamilton, NJ 08619 (609) 394-8585/609-394-8620 (fax) pcohen@crlawoffices.com Attorneys for the Plaintiff NJ Linden Properties, LLC SUPERIOR COURT OF NEW JERSEY CAMDEN COUNTY -LAW DIVISION Plaintiff, Docket No.: vs. Civil Action 201 Linden Ave. Pinball Headquarters, LLC Complaint and Jury Demand Defendant, Plaintiff, NJ Linden Properties, LLC a foreign entity licensed to do business in New Jersey, with a principal: place of business located at 120 Windsor Place, Central Islip, NY, by way of Complaint against the Defendant, says 1 Upon information and belief, Defendant 201 Linden Ave. Pinball Headquarters, LLC, is a New Jersey registered entity with a principal place of business located at 40 Winfield Circle, in the Township of Sewell, County of Gloucester and State of NewJersey. At all times relevant herein, Defendant represented itself as the rightful owner of commercial property located at 201 Linden Avenue, in the Township of Somerdale, County of Camden and State of New Jersey. Defendant listed the aforesaid property for sale at $270,000.00, “as is” and without any Tepresentations as to its fitness. The Plaintiff agreed to a sales price for the aforementioned property at $270,000.00 and all other conditions required by Defendant. CAM-L-000812-24 03/14/2024 3:09:46 PM Pg2of4 Trans ID: LCV2024676465 Defendant presented Plaintiff with a proposed contract for the sale of the aforementioned property. On or about February 22, 2024, Plaintiff wired a $10,000.00 deposit to the Title Agency that Defendant requested said funds to be forwarded. Defendant accepted the deposition and did not return same. On or about March 1, 2024, Plaintiffs counsel provided Defendant's counsel with a marked- up version of the contact that made only minor changes to non-material issues such as changing the date of the Contract for sale from February to March, correcting the spelling of Plaintiff's name and the date of the closing. On or about March 6 2024, Defendant's counsel forwarded a temporary COO for the property by way of an email and Plaintiffs counsel responded in an email asking for a recommendation of a title company for the closing. 10. On the same date, Plaintiff's counsel advised that Plaintiff did not require permits and a ’ permanent COO before the closing. 14. Plaintiff reasonably believed that the parties reached an agreement for the sale of the property and had secured the remaining funds to complete the sale. 12. Believing that the sale of the property was forthcoming, Plaintiff incurred substantial funds and time to prepare for the closing. 13. Plaintiff intended to lease said property as a freight forwarding warehouse and had secured aclient to rent the premises from Plaintiff. 14. On or about March 6, 2024, counsels for the parties reached an agreement to the aforementioned non-material edits. CAM-L-000812-24 03/14/2024 3:09:46 PM Pg3of4 Trans ID: LCV2024676465 15. On or about March 8, 2024, Defendant’s counsel advised that even though the parties had an agreement for the sale of the property “as is”, Defendant accepted a later offer for more money than the parties agreed. 16 Upon information and belief, Defendant used the agreement with Plaintiff to secure an increase offer of $349,000.00. COUNT ONE BREACH OF CONTRACT Ls Plaintiff re-states and re-alleges the preceding paragraph as if fully set forth herein. 18. The parties had reached an agreement for the sale of the aforementioned property. 19. Plaintiff secured the funding to complete the sale of the property and had accepted all of the conditions required by Defendant for the sale of said property. 20. Defendant failed to complete the sale as Defendant obtained a higher sales amount. 21. As a direct consequent of Defendant's breach, Plaintiff incurred expenses to complete the elements of the agreement required of Plaintiff and sustained loss of economic advantages, including but not limited to increase property value, loss of rental income and loss of reputatior. WHEREFORE, Plaintiff, NJ Linden Properties, LLC, demands judgment against Defendant 201 Linden Ave. Pinball Headquarters, LLC for compensatory damages together with interest and costs of suit. COUNT TWO PROMISSARY ESTOPPEL 22. Plaintiff re-states and re-alleges the preceding paragraph as if fully set forth herein. 23. Plaintiff reasonably relied upon Defendant's promise to sell the aforementioned property. 24. Plaintiffs reliance upon Defendant's aforementioned promise resulted in Plaintiff sustaining a definite and substantial detriment. WHEREFORE, Plaintiff demands judgment against Defendant as following: CAM-L-000812-24 03/14/2024 3:09:46 PM Pg4of4 Trans ID: LCV2024676465 A. Ordering Specific performance compelling Defendant to sell the property to Plaintiff; B. For such other and further reliefas the Court deems to be just and equitable. COUNT THREE BREACH OF IMPLIED COVENENT OF GOOD FAITH AND FAIR DEALING 25. Plaintiff re-states and re-alleges the preceding paragraph as if fully set forth herein. 26. Implied in every contract in New Jersey is a duty of good faith and fair dealing. 27. Defendant breached the implied duty of good faith and used Plaintiff's agreement to obtain increased offers for sale of the aforementioned property. WHEREFORE, Plaintiff, NJ Linden Properties, LLC, demands judgment against Defendant 201 Linden Ave. Pinball Headquarters, LLC for compensatory damages together with interest and costs of suit. EMAND FOR JURY TRIAL PLEASE TAKE NOTICE that Plaintiff demands a trial by jury of six persons on all Counts of the within Complaint. DESIGNATION OF TRIAL COUNSEL PHILIP J. COHEN, ESQUIRE is hereby designated as trial counsel in the within matter. CER’ CATION REGARDIN PROCEEDINGS AND PARTIES I certify in accordance with Rule 4:5- that there are no other proceedings, either pending or contemplated with respect to the matter in controversy in this action, and that there are no other parties who should be joined in the action to the best of my knowledge, information, and belief, Law Offices of COHEN & RIECHELSON Z_— 2 B ZZ ‘ SEs “CO RE N. ESQUIRE Dated: March 14, 2024 CAM-L-000812-24 03/14/2024 3:09:46 PM Pglof2 Trans ID: LCV2024676465 Civil Case Information Statement Case Details: CAMDEN | Civil Part Docket# L-000812-24 Case Caption: NJ LINDEN PROPERTIES , LLC VS 201 Case Type: CONTRACT/COMMERCIAL TRANSACTION LINDEN AVE. PI Document Type: Complaint with Jury Demand Case Initiation Date: 03/14/2024 Jury Demand: YES - 6 JURORS Attorney Name: PHIL COHEN Is this a professional malpractice case? NO Firm Name: COHEN & RIECHELSON Related cases pending: NO Address: 3500 QUAKERBRIDGE RD STE 203 If yes, list docket numbers: HAMILTON NJ 08619. Do you anticipate adding any parties (arising out of same Phone: 6093948585 transaction or occurrence)? NO Name of Party: PLAINTIFF : NJ Linden Properties, LLC Does this case involve claims related to COVID-19? NO Name of Defendant's Primary Insurance Company (if known): None Are sexual abuse claims alleged by: NJ Linden Properties, LLC? NO THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION Do parties have a current, past, or recurrent relationship? NO If yes, is that relationship: Does the statute governing this case provide for payment of fees by the losing party? NO Use this space to alert the court to any special case characteristics that may warrant individual management or accelerated disposition: Do you or your client need any disability accommodations? NO If yes, please identify the requested accommodation: Will an interpreter be needed? NO If yes, for what language: Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO Medical Debt Claim? NO | certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b) 03/14/2024 /s/ PHIL COHEN Dated Signed CAM-L-000812-24 03/14/2024 3:09:46 PM Pg2of2 Trans ID: LCV2024676465