RIALTO-CAPITOL v. BALDWIN ASSETS

Docket No. A-3502-18T3.

238 A.3d 1148 (2020)

RIALTO-CAPITOL CONDOMINIUM ASSOCIATION, INC., Plaintiff-Appellant, v. BALDWIN ASSETS ASSOCIATES URBAN RENEWAL COMPANY, LLC; The Rialto-Capitol Urban Renewal Company, LLC; Metro Asset II, LLC; Metrovest Equities, Inc.; George Filopoulos, Patricia Filopoulos, Philip Fierro, Ismael Leyva Architects, PC, Goldstein Associates, PLLC a/k/a GACE Consulting Engineers, PC, Turner Construction Company, Commodore Construction Corp., Waterproofing Systems Northeast, LLC, Speranza Brickwork, Inc., Bedroc Contracting, ERC Classic Restoration, LLC, Jovin Demo, AGD Construction, and CCC Restoration, Inc., Thomas McGinty, AIA d/b/a Madonna Designs, Davidson & Howard, Inc., Schnellbacher-Sendon Group, LLC, Zakalak Associates, Component Assembly Systems, Inc., B.J. McGlone & Company, and Skyline Windows, LLC, LPL Contracting Corp., Metrovest Construction Corp., Midwest Mechanical Contractors of New Jersey, Inc., Jersey State Energy Controls, Inc., National Air Balance Company, Inc., J&J Limited, Independent Sheet Metal Co., LKU Group, Inc., Vector Structural Preservation Corp., Environmental Health Investigations, Inc., Guzman General Construction, GTC Restoration, Inc., and IGH Restoration, Defendants, and Israel Berger & Associates, Inc., Windstruct, Inc., Champion Aluminum Corp., d/b/a Champion Window and Door and NGU, Inc. d/b/a Champion Architectural Window and Door, Defendants-Respondents, Turner Construction Company, Third-Party Plaintiff, v. Midwest Mechanical Contractors of New Jersey, Inc., Skyline Windows, LLC, Davison & Howard, Del Turco Brothers, Inc., S.A. Comunale, Star-Lo Electric, Inc., and V.A.L. Floor, Inc., Third-Party Defendants. Skyline Windows, LLC, Fourth-Party Plaintiff, v. Windstruct, Inc., and Champion Window and Door, Fourth-Party Defendants, Midwest Mechanical Contractors of New Jersey, Inc., Fourth-Party Plaintiff, v. State Controls Company, National Air Balance Company, Inc., J&J Limited, and Independent Sheet Metal Co., Fourth-Party Defendants.

Superior Court of New Jersey, Appellate Division.

Decided October 2, 2020.


Attorney(s) appearing for the Case

John Randy Sawyer , Lawrenceville, argued the cause for appellant (Stark & Stark, attorneys; John Randy Sawyer , of counsel and on the briefs).

Petar Kuridza , Newark, argued the cause for respondent Israel Berger and Associates (Lewis Brisbois Bisgaard & Smith, LLP, attorneys; Meredith Kaplan Stoma , Livingston, and Petar Kuridza , of counsel and on the brief; Elise Dinolfo Shamosh , on the brief).

Brian M. Murphy argued the cause for respondent Windstruct, Inc. (Norton, Murphy, Sheehy & Corrubia, P.C., attorneys; Brian M. Murphy , of counsel and on the brief; Kelly P. Corrubia , Woodland Park, on the brief).

Russell S. Massey argued the cause for respondents Champion Aluminum Corporation and NGU, Inc. (Wright & O'Donnell, attorneys; Russell S. Massey , on the brief).

Before Judges Fisher, Moynihan and Gummer.


The opinion of the court was delivered by

In this appeal, we consider a condominium association's standing to sue defendants alleged to have been involved in the design, manufacture, and installation of the condominium's windows. The motion judge found the association lacked standing because the master deed declares without...

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