Benjamin E. Goldammer

Experience

• Prevailed at trial for a commercial landowner on a claim for the violation of a parking easement by a neighboring business (including post-trial finding of civil contempt against the neighbor).
• Prevailed at trial for a bankruptcy creditor on a $300,000 non-dischargeability claim involving the debtor’s fraud.
• Prevailed on summary judgment against an unlicensed contractor seeking over $550,000 in damages from an athletic club.
• Prevailed at trial for a real estate vendor following a buyer’s pretextual refusal to close.
• Prevailed in multiple arbitrations for a scatter lot residential builder in claims involving copyright infringement, alleged construction defects, and nonpayment.
• Prevailed on summary judgment against an unlicensed contractor and obtained judgment for over $125,000 for unlicensed contracting.
• Prevailed on summary judgment for a commercial contractor seeking a judgment for retainage escrow penalties exceeding $150,000.
• Secured injunction (and recouped all funds) directing the refund of over $370,000 stolen in a wire hack.
• Obtained summary judgment against a general liability insurance carrier ordering the carrier to assume a contractor’s defense and finding waiver of the right to select counsel by the carrier.
• Obtained summary judgment for an EPLI carrier concerning the duty to defend and indemnify in a claim made and reported policy.
• Obtained summary judgment for a commercial landlord ejecting a tenant for violating the exclusive use clause in a restaurant lease.
• Obtained summary judgment for a real estate developer finding that a buyer breached a land sale contract by failing to timely tender evidence of financial ability to close.
• Prevailed for a contractor at the trial court level based on the voluntary payment doctrine, which was affirmed on appeal.
• Prevailed for a landlord at trial based on a finding of spoliation of evidence by the tenant, which was affirmed on appeal.

Honors & Recognitions

Professional Activities