Tyler J. Kandel

Tyler J. Kandel

Member
 

Tyler J. Kandel is a Member of the Sills Cummis & Gross Litigation, Real Estate Litigation and Employment and Labor Practice Groups. Prior to joining the Firm in 2019, he practiced at Emmet, Marvin & Martin, LLP for over 20 years in its Litigation Department. Mr. Kandel focuses his practice on complex commercial litigation, in both federal and state courts in New Jersey and New York. His practice includes representation of financial institutions, public and private corporations and other commercial clients in litigation involving a wide array of issues, including, but not limited to, contract disputes, financial transactions, employment related litigations, consumer and business banking, Uniform Commercial Code Articles 3 and 4, safe deposit box disputes, real estate transactions, fiduciary obligations, corporate and personal trusts, commercial landlord-tenant disputes, commercial mortgage foreclosures, fraud, business torts, RICO and municipal building and fire code violations. Additionally, he advises clients regarding subpoena compliance, judgment enforcement and litigation avoidance, and regularly assists clients in the development of their internal strategies, policies and procedures.

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Representative Matters

  • Representation of national and regional banks in federal and state court litigations concerning forged checks and unauthorized banking transactions, implicating Articles 3 and 4 of the Uniform Commercial Code.

  • Representation of national and regional banks in litigations concerning alleged losses relating to safe deposit box accounts.

  • Representation of credit card issuers in connection with litigations concerning alleged violations of the Telephone Consumer Protection Act and Fair Credit Reporting Act.

  • Representation of national and regional banks in federal and state court litigations involving allegations of employment discrimination on the basis of gender, race, age and religion.

  • Representation of a lender in action against commercial real estate appraisal company for malpractice and breach of contract which caused the lender to suffer multi­million dollar losses.

  • Representation of a corporate trustee in connection with dispute over multi-million dollar distributions made to holders that were the subject of a payment recall.

  • Representation of a financial institution in federal action and bankruptcy proceedings against mortgage bank and its principal for breach of warehousing loan agreement causing damages exceeding $8 million.

  • Representation of a financial institution in New Jersey foreclosure proceeding of a residential mortgage in excess of $20 million, believed to be the largest residential mortgage foreclosure proceeding in the history of New Jersey.

  • Representation of a financial institution in action commenced by its former clients for alleged breach of custodial agreements seeking damages in excess of $1.5 million, which resulted in a de minimus settlement after a substantial majority of the plaintiffs’ claims were dismissed.

  • Obtained summary judgment against defaulting borrower on a $20 million line of credit and was able to recover nearly $10 million by successfully prosecuting and/or settling turnover proceedings and fraudulent conveyance actions.

  • Obtained summary judgment in favor of a large apparel manufacturer dismissing multi-million dollar RICO action commenced by rival.

  • Obtained dismissal of claim asserted by a developer against lender for alleged breach of contractual obligations and also obtained sanctions against the developer awarding the lender judgment on the lender’s counterclaims.

  • Representation of a financial institution in Surrogate’s Court action involving maintenance of guardianship account and in which fiduciary alleged damages in excess of $1 million, and obtained dismissal of a majority of the claims asserted.

  • Representation of commercial landlords and tenants in summary dispossession proceedings and lease disputes in New York and New Jersey state courts.

Court Admissions

U.S. District Court, District of New Jersey, 1999
U.S. District Court, Southern District of New York, 1996
U.S. District Court, Eastern District of New York, 2000
U.S. Court of Appeals, Second Circuit, 2003

Affiliations

Member, Association of the Bar of the City of New York
Member, New York State Bar Association