Martin C. Cabalar

EXPERIENCE

Martin has worked with the attorneys in the firm’s Community Association, Real Estate and Construction Law Practice Groups to obtain several multi-million-dollar recoveries, including, but not limited to, the following representative matters:

• Successfully obtained denial of application for development before the Planning Board of the City of Paterson, New Jersey, on behalf a community association client. The association’s property was directly adjacent to the Applicant’s property. Through cross-examination of the applicant’s own witnesses, and the testimony of a Professional Planner retained by the association, Mr. Cabalar argued multiple deficiencies in the developer’s application resulting in a vote to deny the application.
• In 2023/2024, obtained total settlements in excess of $33 million-dollars for community association clients, including:
  • Eight-figure settlement for a large northern New Jersey condominium community in Passaic County experiencing excessive settlement. The matter is still active in litigation with additional settlement funds and/or judgments expected.
  • $10 million-dollars in settlements for a Essex County townhome community experiencing water infiltration through the building envelope.
  • $7 million-dollars in settlements for a Hudson County waterfront condominium experiencing water infiltration and geotechnical soil settlement issues.
  • $1.3 million-dollars in settlements for a Hoboken, New Jersey mid-rise condominium experiencing water infiltration through its green roof and facade.
  • $1.1 million-dollars in settlements for a condominium in Red Bank, New Jersey experiencing water infiltration though the roof, building façade and balconies into the residential units of the condominium building.
• $5.3 million-dollar settlement for a high-rise Jersey City condominium developed by a national developer that experienced damage to its parking garage, building façade, balconies, windows, doors and interior building components as a result of issues associated with design and construction.
• Successful in obtaining partial summary judgment dismissing nearly all claims asserted against a mid-rise, luxury condominium association client located in Morristown, NJ. The association was sued by a neighboring property owner claiming that its residents were overburdening a shared alleyway that runs between the parties’ properties.
• Eight-figure settlement for a condominium in New Jersey, located on the Hudson Waterfront, that experienced excessive settlement and other construction defects due to improperly designed and constructed site and building components. The matter settled shortly after the Court awarded the condominium association summary judgment on its claims of piercing the corporate veil, finding that the developer’s parent entity would be liable for any amounts that may be entered against the developer at trial.
• $20 million-dollar verdict. The jury awarded $3 million dollars against the developer and general contractor of a condominium in West New York, New Jersey. The amount was then trebled under the New Jersey Consumer Fraud Act to $9 million dollars and the association was awarded attorney’s fees and costs. The jury also awarded $13 million dollars against design professionals that performed services on the project. This landmark case was particularly unique because the parent company of the developer was found to have used its subsidiary to perpetrate an injustice. The jury therefore found in favor of the condominium association’s corporate veil piercing claims, such that the developer’s parent entity was held liable for all amounts entered against the developer.
• $13 million-dollar settlement on the eve of trial for a condominium located along the Hudson Waterfront/New Jersey Gold Coast that experienced excessive settlement and water infiltration due to improperly installed building components.
• $1,800,000 for a small, luxury condominium located in Summit, New Jersey left behind with an array of water infiltration issues by the project Developer due to improperly designed and constructed balconies and facades, among other defects.
• Nearly $1.4 million-dollar settlement for an age-restricted condominium in Flemington, New Jersey, suffering from water infiltration due to improperly installed building components and damage to concrete walkways from improper backfill.
• Successful in representing condominium association client before Paterson, New Jersey Planning Board in opposition to a proposed neighboring development that required several variances.
• Successful in negotiating a settlement with financial incentives and sufficient reductions to a proposed neighboring development that negatively impacted his clients’ property in lieu of appearing before the local municipal planning board.
• Successfully obtained a pre-answer dismissal with prejudice of the claims asserted against our client, a Florida resident, based on a lack of personal jurisdiction in New Jersey. Then obtained a decision from the New Jersey Appellate Division affirming the trial court’s decision in all respects.

As a result of the success of our construction litigation group, Martin is also often able to resolve construction defect, accounting and other transition related issues with developers without the need for litigation.

RECOGNITION

• Recognized by leading legal publication Chambers USA in the Construction category
• Recognized in New Jersey Super Lawyers® as a Rising Star for Real Estate, Construction Litigation, 2016-2025
• Recipient of the Committee of the Year Award for service on the 2015 Golf Committee, CAI-NJ

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