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FLINN v. AMBOY NAT. BANK

DOCKET NO. A-4216-12T1

93 A.3d 422 (2014)

436 N.J. Super. 274

Clair W. FLINN and Valerie K. Flinn; Robert C. McGirr; R. Reuel Stanley; Kevin Shulman and Gina Shulman; Joseph Buckelew; John R. O'Brien; G. Gerard Barnett and Marjorie P. Barnett; John Morrongiello and Susan Morrongiello; Rosemarie Larocca; James C. Day And Kathleen Day; Joseph C. Roselle and Anita Roselle; Henry Dabrowski and Irene W. Dabrowski; Robert Grossman and Gale Grossman; D. Kasun Associates; Robert A. Shekitka and Eda Shekitka; John Cutillo and Prudence M. Cutillo; and Carmelo Contrino and Susan Contrino, Plaintiffs-Appellants, v. AMBOY NATIONAL BANK and AB Monmouth, LLC, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided July 2, 2014.

Attorney(s) appearing for the Case

Richard P. Coe, Jr. , argued the cause for appellants (Kennedy, Wronko, Kennedy and Weir & Partners LLP, attorneys for appellants; Mr. Coe , Westmont, and E. Richard Kennedy , Montville, on the brief).

Catherine J. Bick argued the cause for respondents (Giordano, Halleran & Ciesla, PC, attorneys; J. Scott Anderson and Ms. Bick , Red Bank, on the brief).

Before Judges MESSANO, SABATINO and ROTHSTADT.

The opinion of the court was delivered by

SABATINO, J.A.D.

This case involves disputes between plaintiffs, who are unit owners in a partially-completed condominium project, and defendants, a bank and its wholly-owned subsidiary that took over the project after the original developer defaulted on its loans.

In their complaint, the unit owners sought to be granted control over the condominium association pursuant to N.J.S.A. 46:8B-12.1(a) because...

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