HDRB&B Litigation Dept. Chair Mark Berman and Partner Kelly Zampino win appeal on behalf of client Noah Bank

The NJ Appellate Division has affirmed an award of summary judgment in favor of HDRBB client Noah Bank, holding that a 2019 written retainer agreement between the Bank and its former outside counsel, the Basil Law Group P.C., superseded any alleged oral promise – claimed by Basil to have been made by Noah Bank’s former CEO – to continue using Basil’s services so long as Noah Bank was satisfied with its performance. The Appellate Division also ruled in favor of Noah Bank on its cross-appeal, remanding for the trial court to make findings on Noah Bank’s application for mandatory attorney’s fees and costs under Rule 4:46-5(b) on the basis that Basil’s own motion for summary judgment was supported by affidavits submitted in bad faith and solely for the purpose of delay. HDRB&B Litigation Dep’t Chair Mark A. Berman and Partner Kelly A. Zampino briefed and argued the appeal on behalf of Noah Bank.

Coverage of this case can be found HERE.

CLICK HERE to read the opinion.