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that a 2019 written retainer agreement between the Bank and its former outside counsel, the Basil Law Group P.C., superseded any alleged oral promise – claimed by Basil to have been made by Noah Bank’s former CEO – to continue using Basil’s services so long as Noah Bank was satisfied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.