Mifka, John F.

The focus of David Menzel's practice is litigation. He received a A.B. degree in 1970 from the University of Notre Dame where he graduated Maxima Cum Laude and was a member of Phi Beta Kappa.
 
He graduated as a University Scholar in 1973 from New York University School of Law where he was a staff member of the Annual Survey of American Law and selected for the Order of the Coif.

Mr. Menzel's litigation practice has included representation of banks, insurance companies in their capacity as lenders, and a mortgage loan wholesaler. Noteworthy engagements in the field include: Representation of lender against claim by shopping center owner/borrower that prohibition of prepayment in mortgage was invalid, reported at Clover Square Associates v. Northwestern Mutual Life Insurance Co., 674 F. Supp. 1137 (D.N.J. 1987), aff'd, 869 F.2d 588 (3rd Cir. 1989);Representation of lender against claim that it was allegedly obligated to make approximately $20,000,000 in additional loan disbursements pursuant to terms of the loan. Borrower's lender liability claim for damages and equitable subordination were ultimately tried of one of the largest lender liability cases tried in the state;

Trial on behalf of mortgage lender of a foreclosure action and defense of counterclaim that lender had obligation to discover and to disclose to borrower environmental contamination of the mortgaged property;

Representation of mortgage loan wholesaler in claim against retailer that retailer had violated representations and warranties in connection with the origination, underwriting and closing of the loans, and claims against appraisers and closing attorney; obtained summary judgment (now on appeal) in the amount of $2.6 million in addition to attorney fees;

Representation of prospective lender in defense of multimillion dollar lender liability claim that it had improperly refused to fund loan pursuant to loan commitment letter;

Representation of bank that had issued federally guaranteed student loans in several litigations, including two class actions, in connection with claims by students that their loan obligations were invalid, as well as the bank's claims for indemnity against its guarantors and the Department of Education, reported at Morgan v. Markerdown Corp., 976 F.Supp. 301(D.N.J. 1977).

Mr. Menzel has authored an article titled "The Defense of Contributory Negligence in Accountants Malpractice Actions", 13 Seton Hall L. Rev. 292 (1983) and a chapter entitled "Damages Recoverable in Commercial Cases" appearing in Commercial Litigation in New Jersey (LPI 1996). Mr. Menzel has served as a member of the District V Ethics Committee.