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W
ere you promised “breathtaking,” “unparal-
leled waterfront views” or an “unbelievable
panoramic range” of views of the Hudson
River and Manhattan skyline from your condominium
unit, only to have your view obstructed by a neighboring
building constructed after your purchase? Depending on
the circumstances surrounding the sale and marketing of
your condominium, you may be entitled to damages for
the diminution of the value of your unit resulting from the
obstruction of your view, and possibly treble damages,
attorneys’ fees and costs. This was the outcome in E
telson
v. South Shore Urban Renewal, LLC,
1
where the Appellate
Division affirmed a jury’s finding that a developer deliber-
ately misled purchasers in marketing materials when the
developer had actual knowledge that views in the South
Shore condominiums would not be unobstructed.
In
Etelson,
ten unit owners filed an action against the
developer alleging violations of the New Jersey Consumer
Fraud Act for, among other things, the loss of their view of the
Manhattan skyline. The developer actively marketed South
Shore condominiums for its unparalleled waterfront views,
which were depicted on the developer’s website, display
boards, sales brochures, billboards, handouts and videos.
A painting of the condominium in the developer’s sales
offices even depicted a smaller building being constructed
in front of South Shore. In contrast to the marketing mate-
rials, the developer was in fact actively seeking approval,
CONT I NU E S ON PAGE 26
Developer’s Misrepresentations
Relating to the Nature and
Quality of Views from
High Rise Riverfront
Condominium Results in
Award of Treble Damages
By Martin Cabalar, Esq.,
Becker & Poliakoff
“...you may be entitled to damages for the
diminution of the value of your unit resulting
from the obstruction of your view...”