New Jersey Condominium Law
 

State of New Jersey v. Donna M. Alessi


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We adduce the following facts from the trial record, suppression hearing,
an... More...
   $0 (02-04-2020 - NJ)

Lawrence D. Tedesco and Carolyn Tedesco v. Field Stone Condominium Association, et al.

This matter has been opened to the Court by Margolis Edelstein, attorneys for Defendants Fieldstone Condominium Association, Gary Flaker, T.J. Reilly, Noel Belli, W. Gangeri, and Richard Anderson (collectively hereinafter "Defendants"), for an Order dismissing Plaintiff's Complaint in Lieu of Answer, filed on October 23, 2018. Plaintiffs Lawrence Tedesco and Carolyn Tedesco (collectively hereinaft... More...    $0 (11-16-2018 - NJ)

Marie Curto v. A Country Place Condominium Association, Inc.




Marie Curto wanted to swim with her family after
work. Steve Lusardi wanted to swim with his wife, who had
disabilities after a series of strokes and needed pool therapy to
recover. But they lived at A Country Place, and its
Condominium Association had adopted rules se... More...
   $0 (04-22-2019 - NJ)

Jane Walker v. Briarwood Condo Association

The issue presented on appeal is whether the defendant Briarwood Condominium Association had the power to impose fines and file a lien against plaintiff's property for violating Association rules without resorting to judicial process.
* * *
Plaintiff's son drove a truck onto the yard and let his puppy run lose while he and a helper loaded Plaintiff's belongings into the truck.
* * *More...
   $0 (06-20-1994 - NJ)

5907 Blvd., L.L.C. v. West NY Suites, L.L.C.

Defendant West NY Suites, L.L.C., appeals from the Law Division's judgment following a bench trial finding it liable on

Page 2

a breach of contract claim brought by plaintiff 5907 Boulevard, L.L.C, and awarding damages and attorney's fees. We affirm.

In summary form, the parties entered into a contract for the sale of an apartment building from plaintiff to defen... More...
   $0 (07-19-2013 - NJ)

STATE OF NEW JERSEY VS. STEPHEN F. SCHARF

Defendant purchased a $300,000 life insurance policy and
$200,000 accidental death benefit insuring Scharf's life on May
23, 1991. He was the primary beneficiary; the parties' son,
Jonathan, ten years old at the time of the murder, was the
contingent beneficiary. Scharf's therapist, Patricia Teague, who
had been treating Scharf for depression since July 1990, testified <... More...
   $0 (01-27-2017 - NJ)

Cuiyan Qian v. Toll Brothers, Inc.

New Jersey’s common law imposes a duty on commercial
landowners to clear public sidewalks abutting their properties
of snow and ice for the safe travel of pedestrians. No
corresponding duty is imposed on residential landowners. We
adhered to that distinction between commercial and residential
landowners in Luchejko v. City of Hoboken, 207 N.J. 191, 211
(2011), a cas... More...
   $0 (08-13-2015 - NJ)

Gregory Lasky v. Moorestown Township

Plaintiff Gregory Lasky, a paraplegic, filed suit against defendant Moorestown Township, alleging that defendant discriminated against him by not providing him access to Strawbridge Lake Park (park), in violation of Title II of the Americans with Disabilities Act (ADA), 42 U.S.C.A. §§ 12101-

12213 (1990), and the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49. A jury ... More...
   $0 (05-11-2012 - NJ)

Amy Ryan v. Gina Marie, L.L.C.

Plaintiff is a tenant in a multi-unit building in Hoboken that is owned by defendant Gina Marie, L.L.C. ("Gina Marie"). Plaintiff secured her apartment with the assistance of a Hoboken real estate broker and has resided there since October 1993. Her initial rent when she took up occupancy was $650 per month. There is no indication in the record that plaintiff received any increase in her rent unti... More...    $0 (06-07-2011 - NJ)

Jersey Schools Construction Corporation v. David Lopez

In this condemnation action involving property located at

1501 Palisade Avenue, Union City, plaintiff, New Jersey Schools

Construction Corporation (plaintiff or SCC),1 challenges certain

rulings of the Law Division on in limine motions: (1)

determining that the value of the improvements to the property

made after the owner, defendant David Lopez, receiv... More...
   $0 (02-19-2010 - NJ)

Arnold P. Ferolito v. Park Hill Association, Inc.



Plaintiff Arnold P. Ferolito owns one of 142 residential condominium units housed in eleven separate apartment buildings known as Park Hill. The defendants are Park Hill Association, Inc. (Association), Pagano Company, which manages the buildings, and individual members of the Association's board of directors. On a prior appeal, we affirmed an order dismissing plaintiff's complaint without... More...
   $0 (07-27-2009 - NJ)

ANTHONY L. BARTELLO v. OPTION ONE MORTGAGE CORPORATION



After a homeowner's policy lapsed for nonpayment of premium, the mortgagee, Option One Mortgage Corporation (Option One), as authorized by the mortgage agreement, obtained insurance at the mortgagor's expense covering loss or damage to the structure. The policy did not contain liability coverage. A dog owned by the mortgagor's daughter, a resident in the home, bit a neighborhood child. The... More...
   $0 (01-22-2009 - NJ)

Gary Mann v. Michael Harris



Defendant Michael Harris (Harris) appeals from a verdict awarded after a bench trial finding him liable for payment of $2,675 jointly and severally with defendants Society Hill at University Heights III (the condominium association) and Impac Property Management (Impac), the firm that manages the condominium property. For the reasons that follow, we reverse as to Harris.

Harris rais... More...
   $0 (01-05-2009 - NJ)

Fiona Bayne v. Earl Johnson and Carolyn Johnson

Defendant Earl Johnson appeals from a judgment entered in the Family Part in favor of plaintiff Fiona Bayne for $384,000 in damages as palimony and from a separate award of $48,660 against both Earl and his wife, defendant Carolyn Johnson, representing a fifteen percent interest in real property located in North Bergen. Carolyn initially appealed the second portion of the judgment, but that appeal... More...    $0 (10-28-2008 - NJ)

Jacqueline Matusow v. Trans-County Title Agency, LLC, et al.

In this case we analyze the reach of the “domestic relations” exception to diversity jurisdiction under 28 U.S.C. § 1332. The Supreme Court has emphasized the narrowness of this exception, explaining that it “encompasses only cases involving the issuance of a divorce, alimony, or child custody decree.” Ankenbrandt v. Richards, 504 U.S. 689, 704 (1992). Because the instant case does not in... More...    $0 (10-28-2008 - NJ)

Pond Run Watershed Association, etc. v. Township of Hamilton Zoning Board of Adjustment and Crestwood Construction, LLC

Plaintiffs, several residents of Hamilton Township ("the Township") and a watershed preservation advocacy group, seek to invalidate numerous use and bulk variances the Township's Zoning Board of Adjustment ("the Board") granted to a developer, Crestwood Construction, LLC ("Crestwood" or "the developer"). The variances authorized Crestwood to build on a 10.9-acre site a mixed-use project... More...    $0 (01-10-2008 - NJ)

John Doe v. AvalonBay Communities

Six Plaintiffs sued AvalonBay Communities for damages that they sustained when their homes were damaged or destroyed by a fire that occurred in August 2000 Avalon Mews condominium complex under construction along the Hudson River in Edgewater, Pennsylvania. The plaintiffs claimed that workers were seen smoking and cooking on the construction site and working after hours. They also pointed out ... More...    $1000000 (02-11-2005 - NJ)

Brandon Farms Property Owners Association, Inc. v. Brandon Farms Condominium Association, Inc.

In this case, the primary issue is whether the Condominium Act (Act), N.J.S.A. 46:8B-1 to –38, permits a developer to require a condominium association to b... More...    $0 (07-23-2004 - NJ)

Edgewater Owners Association v. Hartz Mountain Industries

Breach of contract and consumer fraud claims by the owners association of the 512 unit Edgewater condominium complex in Harbor, New Jersey against Hartz Mountain Industries for faulty and deficient construction of the complex including waterproofing, steel substructure, expansion joints, fire sprinklers, windows, brickfacing, balconies and other areas. Hartz Mountain Industries touted the luxur... More...    $10000000 (05-12-2004 - NJ)

Alvin Cohen, et al. v. Southbridge Park, Inc.

An independent outside attorney prevailed in defending a suit brought against him on behalf of a corporation that claimed he committed malpractice as attorney for the corporation in another matter. The lawyer asserted that the corporation was required to indemnify him for the expenses of the suit on the basis that he is a "corporate agent," as that term is used in the New Jersey Business Corpo... More...    $0 (05-11-2004 - NJ)

TRIANTAFYLLOS THANASOULIS, PLAINTIFF-APPELLANT, v. WINSTON TOWER 200 ASSOCIATION, INC., DEFENDANT-RESPONDENT.

Plaintiff, a nonresident owner of a unit in a condominium complex, challenges a rule adopted by the owners' association (Association) increasing the parking fee for tenants of nonresident owners from $25 to $75 a month, while leaving untouched the $25 fee charged to resident owners. Plaintiff attacks the rule as being unreasonable and unconstitutionally discriminatory. The parking facilit... More...    $0 (12-26-1986 - NJ)

Karl Kuehn v. Pub Zone, et al.

Plaintiff Karl Kuehn was severely injured when attacked in the men's room of a tavern in the Township of Union known as the Pub Zone by three members of the Pagan motorcycle gang. Following trial, a $300,000 verdict in plaintiff's favor was entered against the Pub Zone. However, the trial judge granted judgment notwithstanding the verdict (JNOV) to it, finding the facts established that no fore... More...    $300000 (12-05-2003 - NJ)

Robert W. Schulze v. Lisa M. Morris, f/k/a Lisa M. Schulze

In this post-judgment matrimonial appeal, we address the issue of the standards to be applied when the joint legal, non- residential custodial parent opposes relocation of the parties' child by the joint legal, residential custodial parent to another residence within the State of New Jersey. Here, both parties and the child had been residing in the same county. We conclude that such circumstanc... More...    $0 (07-01-2003 - NJ)

C&J Colonial Realty, Inc., a New Jersey Corporation, and John E. Long v. Poughkeepsie Savings Bank, FSB

Defendants Poughkeepsie Savings Bank (the Bank), its subsidiary, Riverdale Timber Ridge, Inc. (Timber Ridge), and Rock Creek Center Crossing, L.L.C. (Rock Creek), appeal from an amended judgment entered following a bench trial against the Bank, its successors and assigns, and Rock Creek in the amount of $135,000 to plaintiffs, C&J Colonial Realty and John Long (together "plaintiff"), as a five ... More...    $0 (12-04-2002 - NJ)

Anthony Conselice v. Borough of Seaside Park, et al.

This is a zoning case. The narrow issue is whether a proposed expansion to the conforming use, a residence, of a preexisting nonconforming integrated mixed use, residence and real estate office, requires a use variance, N.J.S.A. 40:55D- 70(d). The trial judge answered this question in the affirmative. We agree and affirm.

These are the relevant and undisputed facts. Plaintiff Anthony Con... More...    $0 (03-18-2003 - NJ)

Borough of Haledon v. Borough of North Haledon, et al

Plaintiff Borough of Haledon appeals from summary judgment orders entered in favor of the Boroughs of North Haledon and Hawthorne, and certain developers, the intervenors K. Hovnanian North Central Acquisitions, LLC (Hovnanian), and Summit Point Developers, LLC (Summit), requesting enforcement of claimed exclusive water supply rights with North Haledon for three development projects and allegin... More...    $0 (03-17-2003 - NJ)

Warwick Condominium Association v. Royal Indemnity Company

This case involved interior and exterior damage to walls of a condominium wherein plaintiff claims damage was caused by a storm.... More...    $0 (05-27-2002 - NJ)

Roxbury Condominium Association, Inc. v. Anthony S. Cupo, et al.

Appellant Selective Insurance Company ("Selective") appeals an order requiring it to reimburse $13,135.50 in attorneys' fees of Appellee Roxbury Condominium Association, Inc. ("Roxbury"). Under the circumstances of this case, that award was an abuse of discretion.

I. Background

In 1997, Roxbury approached the Anthony S. Cupo Agency ("Agency") to obtain condominium flood insu... More...    $0 (01-14-2003 - NJ)

Joseph Dare, et ux. v. Freefall Adventures, Inc., et al.

Plaintiff Joseph Dare was injured in a skydiving accident when he attempted to avoid colliding with defendant Eric Keith Johnson, a co-participant in the jump.See footnote 11 Prior to the jump, plaintiff signed a release/waiver agreement with the operator of the skydiving facility, defendant Freefall Adventures, Inc. (Freefall), under which plaintiff released Freefall from any claims for injuries ... More...    $0 (03-21-2002 - NJ)

Bradley B. Davis v. Metuchen Gardens Condominium Association

Plaintiff Bradley B. Davis appeals from a judgment entered in favor of defendant Metuchen Gardens Condominium Association (Association). After reviewing the record in light of the contentions advanced on appeal, we affirm.

Metuchen Gardens is a sixty-four-unit residential condominium located in Metuchen, New Jersey. Defendant Association is the governing body for the complex. The buildings are ... More...    $0 (02-05-2002 - NJ)

The Glen, Section I Condominium Association v. John H. June

Plaintiff, The Glen, Section I, Condominium Association (Association), which sued defendant, John H. June, Jr., for $9925, appeals from a judgment of the Law Division, Somerset County, signed September 1, 2000, which found that it owed June $5.80. That part of the same order which directed the Association to remove a lolly column placed directly in front of June's garage on September 1, 2000, or s... More...    $0 (10-12-2001 - NJ)

224 JEFFERSON STREET CONDOMINIUM ASSOCIATION v. EMANUEL G. PAIGE, SR.

This appeal requires us to consider whether N.J.S.A. 2A:18- 61.1(l)(2) (subsection 2) of the Anti-Eviction Act, N.J.S.A. 2A:18-61.1 to -61.12 (the Act), requires the owner of less than three condominium units to provide three years notice to evict a tenant upon sale of the unit absent a formal lease notice provision as required by N.J.S.A. 2A:18-61.9 (section 61.9). The trial judge, relying in par... More...    $0 (01-10-2002 - NJ)

MELVIN BERNER AND NATHAN MURRAY v. THE ENCLAVE CONDOMINIUM ASSOCIATION, INC., SAMUEL DAVIS, AND HOWARD OZEROFF, AND FRANK CHECCHIA, JULIE ESSEY, AND NICK GOMEZ v. GRACE KNUPP REALTY, INC., AND JOAN CONOVER

Plaintiff, Melvin Berner , a Caucasian condominium owner, alleged in this Law Against Discrimination litigation that he was not permitted to lease his unit to plaintiff Nathan Murray, an African-American, by defendant Enclave Condominium Association (Enclave). The thrust of their ensuing lawsuit was that Enclave rejected Murray as a tenant because of his race. ... More...    $0 (06-14-1999 - NJ)

OCEAN CLUB CONDOMINIUM ASSOCIATION, INC., A NONPROFIT CORPORATION OF THE STATE OF NEW JERSEY v. ALBERT N. GARDNER, AND MLM ASSOCIATES AND JOSEPH M. MURPHY

After taking control of the operations of the Ocean Club Condominium in Atlantic City, the condominium association sued the developer, alleging, among other things, that the developer had failed to pay its proportional share of common expenses during the approximately year-and-a-half period when it was acting as the association. Specifically, it argued that the developer had failed to pay its shar... More...    $138378 (12-16-1998 - NJ)

Leonard I. Solondz v. Marvin Kornmehl and MCK Enterprises, L.L.C.

Recovery of Money Judgment – Solondz sued the defendant to recover outstanding debt on the sale of 4 condominium units. A dispute arose between the two parties regarding the interpretation of a contract clause.... More...    $0 (10-10-1998 - NJ)

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