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BERNER v. ENCLAVE CONDO. ASS'N

730 A.2d 877 (1999)

Melvin BERNER, Plaintiff-Appellant, and Nathan Murray, Plaintiff, v. The ENCLAVE CONDOMINIUM ASSOCIATION, INC., Samuel Davis, and Howard Ozeroff, Defendants/Third-Party Plaintiffs-Respondents, and Frank Checchia, Julie Essey, and Nick Gomez, Defendants/Third-Party Plaintiffs, v. Grace Knupp Realty, Inc., and Joan Conover, Third-Party Defendants.

Superior Court of New Jersey, Appellate Division.

Decided June 14, 1999.

Attorney(s) appearing for the Case

Arlene Gilbert Groch, Somers Point, for plaintiff-appellant (Ms. Groch, attorney).

James G. O'Donohue, Princeton, for defendants/third-party plaintiffs-respondents (Pepper Hamilton, Cherry Hill, for defendants/third-party plaintiffs-respondents the Enclave Condominium Association, and Howard Ozeroff, and Hill Wallack, Princeton, for respondent Samuel Davis; Patricia A. Smith, Cherry Hill and Mr. O'Donohue, on the joint brief).

Before Judges BAIME, CONLEY and A.A. RODRIGUEZ.

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

Plaintiff, Melvin Berner, a Caucasian condominium owner, alleges 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 is that Enclave rejected Murray as a tenant because of his race. Enclave settled with Murray and obtained summary judgment...

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