ISLAND HOUSE CONDO. v. FELDMAN


245 N.J. Super. 407 (1990)

585 A.2d 982

ISLAND HOUSE CONDOMINIUM ASSOCIATION, A NEW JERSEY NON-PROFIT CORPORATION, PLAINTIFF, v. DAVID FELDMAN AND SANDRA FELDMAN, HIS WIFE, DEFENDANTS.

Superior Court of New Jersey, Chancery Division Atlantic County.

May 14, 1990.


Attorney(s) appearing for the Case

Frank Ferry for Plaintiff.

Barbara E. Riefberg for Defendants David Feldman and Sandra Feldman (Jeffrey I. Baron, P.C.).

Marc Baldwin for Third Party Defendant Structural Preservation Systems, Inc. (Parker, McCay & Criscuolo, P.A.).


OPINION

GIBSON, J.S.C.

The within matter involves a request for counsel fees by a condominium association as part of its prosecution of a lien claim against a delinquent unit owner. The resolution of plaintiff's request requires an interpretation of N.J.S.A. 46:8B-21 and its relationship to R. 4:42-9. Both sides agreed to submit this issue to the court based on stipulated facts and without oral argument.

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