PAPALEXIOU v. TOWER WEST CONDOMINIUM


167 N.J. Super. 516 (1979)

401 A.2d 280

SPYROS PAPALEXIOU AND LOU PAPALEXIOU; CONTROL LEASING & MANAGEMENT CO., A CORPORATION OF NEW JERSEY; VENUS ENTERPRISES, INC., A CORPORATION OF NEW JERSEY; STYLIANOS IOANNIDIS AND HELEN IOANNIDIS; DONALD O. GRATHWAHL, JR.; JOHN H. WEHLAU, III; WILLIAM H. SAPIRO AND FLORENCE M. SAPIRO; LUCILLE J. McGUINN AND DOLORES I. McGUINN; WARREN L. SCHNUR AND KATHLEEN O'D SCHNUR, AND MAHESH K. KOTECHA, PLAINTIFFS, v. TOWER WEST CONDOMINIUM, A DULY CONSTITUTED CONDOMINIUM PURSUANT TO R.S. 46:8B-1 ET SEQ. OF THE STATE OF NEW JERSEY; TOWER WEST APARTMENTS ASSOCIATION, INC., A CORPORATION OF NEW JERSEY; TOGETHER WITH THE FOLLOWING INDIVIDUALS IN THEIR CAPACITY AS TRUSTEES OF TOWER WEST APARTMENTS ASSOCIATION, INC. AND NOT OTHERWISE INDIVIDUALLY; CLAUDIO BLANCO, A. ALFRED LANDISI, KENNETH W. THOMPSON, SERGIO FINZI, JUDITH RACKMILL, MICHAEL NEVARD, DAVID COSTA AND RENEE DENKERT; AND J.I. SOPHER & CO., INC., BELIEVED TO BE A NEW YORK CORPORATION, IN THEIR CAPACITY AS MANAGING AGENT OF TOWER WEST CONDOMINIUM, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided March 15, 1979.


Attorney(s) appearing for the Case

Mr. Barrett F. Kalb for plaintiffs (Messrs. Kalb, Friedman & Siegelbaum, attorneys; Mr. Marc S. Friedman on the brief).

Mr. John D. Clemen for defendants (Messrs. Shanley & Fisher, attorneys; Mr. Gerald W. Hull and Mr. John P. Beyel on the reply memorandum).


KENTZ, J.S.C.

This action was instituted by a verified complaint and an order to show cause why defendant Tower West Condominium (Tower West) should not be restrained from asserting a lien or imposing other sanctions against the condominium units of those owners who failed to pay their proportionate share of a special assessment levied by Tower West.

Upon the signing of the order to show cause, temporary restraints...

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