UPDATED: Condo association’s lawsuit seeking to halt Story Dispensary in Hoboken dismissed

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51-53 14th Street Condominium Association, Inc.’s lawsuit seeking to halt the Story Dispensary project in Hoboken was dismissed by Hudson County Superior Court Assignment Judge Jeffrey Jablonski, court documents show.

Photo via Google Maps.

By John Heinis/Hudson County View

The suit, filed in the Hudson County Superior Court Chancery Division in May, alleged that building owners Drew Nussbaum and Jaclyn Fulop, the wife of Jersey City Mayor Steven Fulop, acquired the property under the false pretense of converting the building into a physical therapy center.

Nussbaum and Jaclyn Fulop own the Exchange Physical Therapy Group, which has an office across the street from the former Hudson Tavern.

Lee Vartan, counsel for Story, filed a motion to dismiss on June 13th, which was followed by Samuel McNulty, the attorney for Exchange Place in the matter, did the same on June 17th.

Despite opposition from the condo association, Jablonski filed an order for dismissal on July 22nd, which was filed by a dismissal notice filed on Saturday.

“We are pleased that the Court recognized the Association’s claims against Story Dispensary and its principals to be frivolous and summarily dismissed all of them. We look forward to proceeding with our application before the Hoboken Planning Board,” Vartan told HCV in an email.

The suit was dismissed without prejudice, which means another lawsuit can be filed in the future.

The project, which some residents have been critical of due to potential overcrowding on the streets, traffic concerns, and safety issues, has already cleared the city’s cannabis review board and the Hudson County Planning Board.

The Hoboken Planning Board has subsequently held three hearings on the project that lasted at least four hours each without a clear end in sight.

Martin Cabalar, who is representing the condo association, said they would likely refile if the planning board approves the project.

“The lawsuit against Story was dismissed without prejudice as not yet being ‘ripe,’ insomuch as the Planning Board has not decided whether it will approve Story’s application,” he said in an email.

“If the Planning Board were to approve Story’s application, we believe that our client could revive its claims at that time.”

He also pointed out that while the claims against Story have been dismissed, the common law fraud and civil conspiracy claims against Nussbaum and Jaclyn Fulop are still active.

Their next hearing is scheduled for September 19th at 7 p.m. at council chambers in City Hall, 94 Washington St.

 

Editor’s note: This story was updated on Tuesday morning with a comment from 51-53 14th Street Condominium Association, Inc.’s attorney Martin Cabalar. 


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