Kenneth D. Gack, Esq.

Representative Matters

• Adjoining parcels disputing their control and obligation rights and duties under a declaration of restrictions vesting managerial rights in only one parcel owner
• Claims against seller and agent/brokers for alleged non-disclosure of flight path noise and vibration from emergency medical aircraft
• Commercial parcel purchase where the purchaser seeks damages for failure to disclose the existence of a plan study with potentially significant impact on usage; sellers’ defenses include “imputed notice” and purchasers’ due diligence obligations
• Common area maintenance (CAM) disputes between commercial landlords and tenants
• Fire loss claims asserted by owners, tenants, and insurance carriers in subrogation; disputes often include uniform building code, fire safety, and product defect issues
• Fraud claims against a mortgage broker for failures to properly evaluate the builder, his licensure status, and references
• Habitability claims often involving bodily injury and insurance coverage issues in a variety of different settings, including urban, suburban, rural, and agricultural parcels and mobile home communities. Claimants are typically the “working poor,” including migrant workers.
• Soil stability claims involving developers, design professionals, general and subcontractors, home owners associations, and individual homeowners