October 15, 2019

Fishkin Lucks Scores Voluntary Dismissal in Cape May County, NJ Construction Litigation

Fishkin Lucks secured a voluntary dismissal today of all claims brought in the Superior Court of New Jersey, Cape May County, against our client, a leading designer and manufacturer of exterior wall systems and products.  Plaintiff, the homeowners association of The Grand at Diamond Beach, a twelve-story, 125 unit ocean-front condominium complex located in Wildwood, New Jersey, brought claims against a developer, several contractors, a manufacturer of roofing/waterproofing membrane and flashings, and our client, seeking $1.75M plus costs and fees to remediate alleged systemic water infiltration issues throughout the complex.  After rejecting requests for contribution toward a global resolution of the matter, we illustrated for the homeowners association how our client bore no responsibility for the alleged water infiltration, leading to the voluntary dismissal.  Several weeks later, each of the remaining defendants contributed funds toward a global resolution of the matter.