Cathedral Hill Tower Condominium Assn. v. Garbar
This is the latest appeal in litigation spanning over a decade between condominium unit owners, appellants Larisa Garbar and Michael Rabichev (hereinafter, property owners) and the condominium project’s governing body, respondent Cathedral Hill Tower Condominium Association (hereinafter, Association). In the present appeal, property owners, a married couple, challenge the trial court’s grant of judgment notwithstanding the verdict in favor of the Association after the jury found by special verdict that, one, the Association had created or permitted to exist a condition harmful to health or obstructive to the free use of property so as to interfere with property owners’ use or enjoyment of their condominium unit; two, the Association’s conduct was a substantial factor in causing personal injuries to property owners; and three, property owners were therefore entitled to a total of $280,000 in personal injury damages.
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