Schenck Price’s Tom Gamarello secured a favorable trial verdict for his client in a jury trial in Bergen County. The plaintiff, a former tenant of Gamarello’s client, filed a class action lawsuit alleging his former landlord had failed to pay certain expenses under his lease. The plaintiff claimed a breach of contract and consumer fraud on behalf of himself and his proposed class.

Prior to trial, Tom successfully moved to dismiss the class action claims and limited the plaintiff’s damages from approximately 25 years to six years. The plaintiff sought more than $350,000, but the jury only awarded him a verdict of approximately $2,800 for his breach of contract claim. The plaintiff’s consumer fraud claim was dismissed at the conclusion of the three-day trial.

The jury also returned a verdict in favor of Gamarello’s client for approximately $1,200 for its own breach of contract claim because the plaintiff vacated his apartment owing an outstanding balance for unpaid rent and electrical bills.

As a result of a strategic procedural maneuver earlier in the case, Gamarello’s client is now entitled to recover a portion of the legal fees from the plaintiff.