Lawsuit Against Hartz Mountain

An examination Independence Harbor 2002 lawsuit against Hartz Mountain Industries, Inc., the developer for the condominium complex.

Summary of Lawsuit

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)


To read the legal complain 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 initial 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.