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FINDERNE HGTS. CONDO. ASS'N INC. v. RABINOWITZ

915 A.2d 16 (2007)

390 N.J. Super. 154

FINDERNE HEIGHTS CONDOMINIUM ASSOCIATION, INC., Plaintiff-Appellant, v. Paul RABINOWITZ, Nancy Rabinowitz and Ellen Thomas, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided January 23, 2007.

Attorney(s) appearing for the Case

Jonathan H. Katz, Lawrenceville, argued the cause for appellant (Stark & Stark, attorneys; David J. Byrne, of counsel and on the brief; Mr. Katz, on the brief).

Michael S. Karpoff, Princeton, argued the cause for respondents Paul and Nancy Rabinowitz (Hill Wallack, attorneys; Mr. Karpoff, on the brief).

Norma Melendez, High Bridge, argued the cause for respondent Ellen Thomas (Legal Services of Northwest Jersey, Inc., attorneys; Ms. Melendez, on the brief).

Before Judges STERN, A.A. RODRÍGUEZ and LYONS.

The opinion of the court was delivered by

LYONS, J.S.C. (temporarily assigned).

Plaintiff, Finderne Heights Condominium Association (the "Association"), instituted an action seeking to enjoin defendants, Paul Rabinowitz, Nancy Rabinowitz and Ellen Thomas, from violating the Association's governing documents and compelling them to comply with the Condominium Act, N.J.S.A. 46:8B-1 to -38. Defendants moved to dismiss plaintiff's complaint arguing primarily...

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