NJBiz Leaders in Law – Jonathan Kukin + Bruce rosenberg

Winne Banta Basralian & Kahn is proud that two of our attorneys, Jonathan Kukin and Bruce Rosenberg have been selected as 2024 Leaders in Law award honorees by NJBIZ. NJBIZ will be honoring Jonathan, Bruce and other honorees at an event at the Somerset Palace on May 14.

Following an open nomination period, honorees were chosen by a panel of independent judges. Those selected were identified as legal professionals whose dedication to the industry and to their communities is outstanding.

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2024 edition of New Jersey Super Lawyers and Rising Stars

Congratulations to the Winne Banta attorneys who have been selected for inclusion in the 2024 edition of New Jersey Super Lawyers and Rising Stars, published by Thomson Reuters. Super Lawyers recognizes outstanding attorneys who have attained a high-degree of peer recognition and professional achievement. Super Lawyers recognize no more than 5% of New Jersey attorneys and only 2.5% of New Jersey attorneys receive a Rising Star distinction.

Winne Banta is pleased that Principals Peter J. Bakarich, Jr. (left, in photo) and Kenneth Lehn (center) have been included on the list of 2024 Super Lawyers. Associate Bogdan Kachur (right) has been included on the list of 2024 New Jersey Super Lawyers Rising Stars.


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Estate Planning for 2024 and Beyond: Time Is Running Out! Plan Now for Your Family’s Future

An article by Winne Banta Basralian & Kahn’s Jonathan Kukin and Marley Guerrara, “Estate Planning for 2024 and Beyond: Time Is Running Out! Plan Now for Your Family’s Future” was published recently in The New Jersey Law Journal.  In the article, Jonathan and Marley noted, “There are less than two years to take advantage of the highest federal estate and gift tax exemption of all time.  Are you prepared to capitalize on the unprecedented opportunity for tax planning prior to the ‘sunset’?” 

estate planning for 2024 and beyond

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review of new liquor License Laws in new jersey

On January 16, 2024, Governor Murphy signed legislation (S-4265/A-5912) into law. This law will boost the number of available liquor licenses and ease a range of restrictions that have hindered breweries and distilleries throughout the State. The following is a summary of the changes that come with the new law.

Inactive/Pocket Licenses

There are currently more than 1,300 inactive or pocket licenses held throughout the state. Inactive licenses are associated with a specific location but are not in use. Pocket licenses are those that have been purchased but are not currently attached to any specific location. The inactive and pocket licenses are one of the leading causes of the low supply of available licenses, as well as the high price of the licenses. The Division of Alcoholic Beverage Control estimates a 15% increase in available licenses with the implementation of the new law.

Under the new law, if a license has remained inactive for two consecutive license terms (a total of two years) the license holder will be obligated to either sell it or use it. If the license holder does not exercise either option, the license may be transferred to neighboring municipalities. Additionally, a municipality where an inactive consumption license has lapsed and has not been renewed for eight years before the law takes effect, may issue a new consumption license at a public sale for use at a licensed premises located within the town.

Mall Licenses

The new law creates a new class of retail consumption licenses which the Governor hopes can create many new licenses throughout the State. The law allows municipalities to issue up to two new licenses for food and beverage establishments in shopping malls with a minimum of 750,000 square feet; and up to four new licenses for establishments in shopping malls with a minimum of 1.5 million square feet. 

With the large number of malls in the state, and the struggles malls have seen since the pandemic and the rise of online shopping, this law can bolster the survival of malls throughout the state.

Breweries and Other Similar Establishments

The new law eases restrictions that have hindered breweries and other similar businesses disturbing their ability to compete against industries in neighboring states. It takes away the requirement to provide tours of the premises to patrons and allows them to hire servers and wait staff. The law will also allow them to sell certain food items (i.e. chips, nuts, and packaged snacks) and non-alcoholic beverages. Additionally, the law allows them to collaborate with outside vendors, host unlimited onsite event and private parties, host a maximum of 25 off-site special events, and participate in up to 25 events hosted by a holder of a special affairs permit. The law also increases the number barrels permitted to be manufactured per year from 100,000 to 300,000 and allows the license holders to sell and distribute 50% of the beer produced on premises each year directly to retailers, rather than having to sell solely to wholesalers. Finally, the law creates a new farm-brewery license that allows the holders to produce malt alcoholic beverages, up to 2,500 barrels per year, for retail sale to consumers for consumption off the licensed premises.

The new law will give these establishments more opportunities, will allow them to compete against businesses in neighboring states with laxer laws and will allow them to thrive in the industry.

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Partner Kenneth Lehn successfully defends industrial property owner

Partner Kenneth Lehn successfully defended an industrial property owner in Bergen County against a claim by an adjacent property owner to a prescriptive easement to enter onto the former’s property to facilitate access to loading docks at the adjacent owner’s building based on 30 years of such access.

To ameliorate flooding and hazardous conditions mandated by the New Jersey Sports & Exposition Authority, Winne Banta Basralian & Kahn’s client, following a plan approved by the Authority, had installed improvements, including a one-foot-high curb with a built-in filter to direct the excess water to a drain and sump pump to alleviate the flooding.  This eliminated the neighbor’s ability to drive tractor trailers onto the law firm’s client’s property to facilitate access to the neighbor’s loading docks, resulting in a claim to compel removal of the improvements and permit continued access.

The trial court dismissed the claims because the historic access had been allowed with the permission or consent of Winne Banta Basralian & Kahn’s client or its predecessors and, thus, was not adverse or hostile to its ownership rights, as required to create a prescriptive easement (that is, a permanent right to drive onto the client’s property).  The Appellate Division affirmed on January 16, 2024.

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Hackensack University Medical Center

Winne Banta represented Hackensack University Medical Center in its application to the City of Hackensack Planning Board for Preliminary and Final Site Plan approval with respect to the demolition/razing of existing buildings and the construction of a building addition along the easterly portion of the existing hospital building.  The 530,000 square foot building addition will span over Second Street and will include a ground-floor lobby and drop-off/pick-up area.  The addition will include 24 new operating rooms, 50 ICU beds and shell space for an additional 25 future ICU beds.  One hundred fifty medical surgical rooms will be relocated from the existing facility to the new building.

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Cohen Obtains Six-Figure Settlement for Clients whose Vehicle was Struck by Truck

Michael Cohen recently obtained a six-figure settlement in a lawsuit filed on behalf of a husband and wife injured after an eighteen-wheeler struck their car on the New Jersey Turnpike.  Cohen filed the Complaint and after several months of negotiations obtained just and fair compensation for their injuries.

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Anderson Street

In September, of this year, Winne Banta represented Alkova in its application for a six-story, 222-unit building on Anderson Street in Hackensack, adjacent to the train station.  The building will include 3,500 square feet of retail space, on-site parking, a pool and other amenities.  The 1.46-acre project was assembled from four separate property owners.

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