Charles M. Adams and Javier A. Zurita recently obtained back-to-back summary judgment victories in New Jersey. In the first action, the firm represented a condominium association in a lawsuit originally filed in the Chancery Division, demanding condemnation. Charles and Javier were able to dismiss the suit in the Chancery Division because the adequate remedy was for monetary damages, not a preliminary injunction, as the Court could not compel initiation of condemnation before a requisite taking had occurred. Thereafter, while litigating in the proper venue and conducting discovery, Charles and Javier established that, per local county officials, the subject condominium unit did not have defective conditions. Charles and Javier then averred that the condition did not quality as a common element within the ambit of the Master Deed and Bylaws. Agreeing with Charles and Javier, the Court granted summary judgment in favor of their client and dismissed the suit, with prejudice.

In the second action, Chuck and Javier represented a property owner and property manager in a suit arising out of an alleged dog “attack.” During discovery, the Plaintiff’s deposition established that the dog “knocked her down,” but did not “bite” her. The sole eyewitness was also deposed, testifying that he did not see a knock-down, and that the Plaintiff fell after her own dog pulled on the leash. The record established that the Plaintiff was attempting to make a mountain out of a mole hill by basing her claim on the non-enforcement of a lease provision prohibiting more than two dogs per unit, and dogs over 65 pounds. In a Motion for summary judgment, Charles and Javier were able to dispositively establish that the lease agreement did not create independent proofs of liability. They further established that the record failed to create a genuine issue of material fact because the Plaintiff did not prove that the dog exhibited dangerous propensities, nor did she prove that the Defendants knew of the same. Agreeing with Charles and Javier, the Court granted their Motion and dismissed the action, with prejudice.

Questions about this case can be directed to Javier A. Zurita at (267) 861-7591 or jzurita@tthlaw.com, or to Charles M. Adams at (267) 861-7582 or cadams@tthlaw.com.