Attorney Profile

Joshua A. Zielinski
Partner
TEL: (973) 239-5700 | FAX: (973) 239-3400 | jzielinski@oslaw.com     PDF | VCARD


Mr. Zielinski has a wide range of litigation and trial experience. He has successfully tried jury and non-jury trials to verdict or judgment and has successfully argued appeals before state and federal appellate courts including the United States Court of Appeals for the Third Circuit, the New York Appellate Division and New Jersey Appellate Division. Mr. Zielinski is the regional litigation counsel for a publicly traded real estate investment trust coordinating the defense of varied claims throughout the Northeastern United States.

Mr. Zielinski's practice includes the litigation of complex commercial disputes in federal and state courts throughout the United States including matters involving security interests, priority of liens, corporate governance, the dissolution of partnerships and limited liability companies, breach of fiduciary duties and breach of contract actions. He also has experience litigating varied real estate related claims, including claims concerning mortgage-backed securities, mortgage put-back claims, the priority of mortgages and redevelopment projects.

Mr. Zielinski possesses extensive experience representing public entities and representing clients before public entities. On the public side, he is the Township attorney for Cedar Grove and Vernon. He has also served as special counsel for the Township of West Caldwell and the Borough of Mt. Arlington. Mr. Zielinski regularly appears before planning boards, zoning boards and other governmental entities on behalf of his clients. He has successfully guided clients through New Jersey’s byzantine approval process and is well-versed in New Jersey’s redevelopment law and the redevelopment process. Mr. Zielinski is a contributing author to the New Jersey Local Government Deskbook.


Notable Representations

  • Rosenthal & Rosenthal v. Benun, 226 N.J. 41 (2016). Argued before the New Jersey Supreme Court that a financing institution should retain the priority of its first recorded mortgages despite making additional optional advances after the recording of a junior mortgage.
  • Air & Power Transmission, Inc. v. Weingast, 992 N.Y.S. 2d 46, 120 A.D. 3d 524 (App. Div. 2nd Dep’t 2014). Successfully defended insurance company against claims of fraud, breach of fiduciary duty, breach of New York General Business Law 349 and negligence in connection with the sale of a Single Employer Trust Employee Welfare Benefit Plan (“BETA Plan”).
  • Mass OP, LLC v. Principal Life Ins. Co., 951 N.Y. S. 2d 900, 99 A.D. 3d. 870 (App. Div. 2nd Dep’t 2012) Successfully defended lender against claims of fraud in connection with the $65,000,000 refinancing of a shopping mall in Massapequa, New York.
  • Marjam Supply Co. v. Columbia Forest Prods. Corp., 2012 N.J. Super. Unpub. Lexis 2723 (2012). Represented largest manufacturer of plywood and hardwood products in North America in dispute against distributor.
  • Miller v. Fortis Benefits Ins. Co., 475 F.3d 516 (3rd Cir. 2007) – Successfully defended dismissal of lawsuit brought under ERISA before the Third Circuit Court of Appeals.
  • Romagnola v. Gillespie, Inc., 194 N.J. 596 (2007) – Successfully prosecuted breach of asset purchase agreement and employment agreement at trial. Successfully prosecuted issues on appeal before New Jersey Supreme Court.
  • Nascimento v. King, 381 N.J. Super. 593 (App. Div. 2005) – Successfully vacated judgment entered after arbitration and then obtained no cause verdict at trial.
  • Successfully defended attorney in jury trial alleging legal malpractice as a result of conflicts of interest in commercial lending transactions and construction projects. Legal malpractice claims dismissed and settled for de minimis value.

Honors & Awards

Listed in Super Lawyers® Rising Stars (2006-2014), a Thomson Reuters business, in the areas of Business Litigation, Employment & Labor and Civil Litigation: Defense.

A description of the standard or methodology on which the accolade is based can be found HERE (No aspect of the advertisement has been approved by the Supreme Court).


Memberships & Affiliations

  • American Bar Association
  • Essex County Bar Association
  • New Jersey State Bar Association

Publications

  • Directors Roundtable - World Recognition of Distinguished General Counsel, 3.10.2015
  • "Witness to the Process," The New Jersey Law Journal, 5.7.2007

Practice Areas
Appellate
Business Litigation
Class Actions
Complex Litigation
Crisis Management
Fiduciaries & Court-Appointments
Labor & Employment
Land Use, Redevelopment & Real Estate
Municipal and Local Government
Professional Liability

Admissions
  • State of New Jersey
  • State of New York
  • U.S. District Court, District of New Jersey

Education
  • Syracuse University College of Law (J.D. 1999)
  • Alfred University (B.A. 1996)