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JB POOL MGMT. v. FOUR SEASONS

Docket No. A-5169-11T3

67 A.3d 702 (2013)

431 N.J. Super. 233

JB POOL MANAGEMENT, LLC, Plaintiff-Appellant, v. FOUR SEASONS AT SMITHVILLE HOMEOWNERS ASSOCIATION, INC., Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided June 13, 2013.

Attorney(s) appearing for the Case

Kurt David Raatzs argued the cause for appellant (McDowell Posternock Law, attorneys; Mr. Raatzs , on the brief).

Samuel J. McNulty , Florham Park, argued the cause for respondent (Hueston McNulty, P.C., attorneys; Mr. McNulty , of counsel and on the brief; Edward J. Turro , on the brief).

Before Judges SABATINO, FASCIALE and CARROLL.

The opinion of the court was delivered by

SABATINO, J.A.D.

This case arises out of a one-year contract in which appellant, a pool management company, agreed to supply a condominium association with lifeguards and maintenance services for the association's indoor pool. During the term of that contract, a mold infestation was discovered in the pool facilities, prompting government officials to order the pool closed for over seven months while the mold was remediated...

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