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2006
The Lawsuit Against Hartz Mountain
Summary
In early 2002 a civil action
lawsuit was filed against the developer Hartz River Road Limited Partnership
and Hartz Mountain industries (And other defendants) by the Independence Harbor Condominium Association,
Inc.
The lawsuit was settled in August 2004 for various sums indicated below.
The plaintiffs
had made complaints against Hartz Mountain and others in the construction of Independence
Harbor. The publicly available fifth amended complaint and jury demand reads:
- Count One
- Negligence
- Count Two - Breach
of express warranty
- Count Three -
Implied warranty
- Count Four - Breach
of contract
- Count Five - Strict
Liability
- Count Six - Consumer
Fraud
- Count Seven -
Predfda
- Count Eight -
Willful and Wanton disregard for human safety
- Count Nine - Architectural
malpractice claim
- Count Ten - Structural
Engineering malpractice claim
- Count Eleven - As
to the borough of Edgewater only
- Count Twelve
- Duty of care
- Count Thirteen
- Breach of fiduciary responsibility (Limited Defendants)
Content
Read the legal complaint and filings in PDF form click here
Litigation Resolution
In August 2004, a court case was held to hear the construction defects claims by Independence Harbor against Hartz Mountain. The judge found for Independence Harbor and Hartz Mountain settled for an undisclosed amount, details of which are contained within a confidential settlement agreement.
Prior to the court case the other defendants listed below, settled the claims against them for undisclosed amounts (details of which are contained within confidential settlement agreements for each of the parties)
- Hersh Ramsey
- Hartford Insurance
- March Construction
Contact Information
- The Independence Harbor
management office @ 201
945 7888
- The condo association's
first lawyer was
David Ramsey
of :
Hersh Ramsey
& Berman @ 973 267 9600
- The current lawyer
is Peter
Torcicollo of :
Gibbons
, Del Deo,
Dolan, Griffinger & Vecchione @ 973 596 4500
- The architecture and
engineering evaluation company is
O'Kon
and Company
- The primary developer
is Hartz Mountain
Industries @ 201 348 1200
- The named architects
of record are
Kenneth C Bonte and Herbert L Mandelis.
- Engineering firm responsible
for the structural design of the upper floor deck, buildings and other aspects
of the condominium are
Nacamuli Associates