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ELLENHEATH CONDO. v. PEARLMAN

294 N.J. Super. 381 (1996)

683 A.2d 582

ELLENHEATH CONDOMINIUM ASSOCIATION, INC., PLAINTIFF-RESPONDENT, v. NAYDA KOVAK PEARLMAN AND ALAN J. PEARLMAN, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided October 24, 1996.

Attorney(s) appearing for the Case

John F. Gelson argued the cause for appellants (McLaughlin Bennett Gelson Cramer, attorneys; Mr. Gelson, of counsel and on the brief, Denise A. DaPrile, on the brief).

R. Bruce Freeman argued the cause for respondent (Woehling & Freeman, attorneys; Mr. Freeman, on the brief).

Before Judges PETRELLA, LANDAU and KIMMELMAN.

The opinion of the court was delivered by KIMMELMAN, J.A.D.

Defendants appeal from a summary judgment entered against them in the amount of $17,794.41 representing costs incurred by plaintiff for the clean-up of soil contaminated by a leaky fuel oil underground storage tank (UST) and for the replacement of the tank. The trial court later awarded counsel fees of $4111.58 to plaintiff.

Defendants own a condominium...

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