Nicholas Malfitano Jun. 3, 2015, 12:42pm


PHILADELPHIA – Separate negligence lawsuits filed against Philadelphia condominium management companies will be the subject of a hearing to ascertain whether the defendants were improperly served, according to court records.

Philadelphia resident Rosalind Aranow initiated action against Isle of Capri Associates, Waterfront Square Condominium & Spa Master Association and Grasso Holdings Acquisitions (also known as GH Property Management), for a fall that allegedly took place at the Waterfront Square Condominium property on Penn Street.

Aranow alleges on Oct. 19, she fell on the sidewalk of the condominium premises at 901 North Penn Street due to the negligence of the defendant management companies in failing to inspect, maintain and protect the property.

Aranow claimed to suffer serious and permanent injuries, including emotional injuries, impairment of bodily function, disfigurement and aggravation of serious, pre-existing injuries.

On March 11, defense counsel made preliminary objections to the mention of the word “recklessness” in Aranow’s lawsuit, since they felt it implied intent on the part of the defendants.

Further, attorneys for the defense felt Aranow failed to specify the exact defective condition that caused the alleged accident or the exact nature of her injuries.

These factors led the defense to claim their clients did not receive full and proper notice of the charges levied against them.

Then, on April 9, defense counsel made another preliminary objection based on an ownership issue.

The defense contended Isle of Capri Associates sold the property in question where the alleged accident occurred to Waterfront Square Condominium & Spa Master Association on July 17, 2006.

Defense counsel is seeking dismissal of the complaint based on this naming of an “erroneous” party and not serving the defendants at their registered business office.

These issues also led to procedural conflict over another lawsuit levied against the same management companies.

Another unrelated plaintiff, Svitlana Sarachman Masiuk, filed a similar lawsuit against identical defendants in February, for a similar fall that transpired on Jan. 31 on the exact same property.

As in the other cases, defense counsel objected to both the mentions of “recklessness” in Masiuk’s lawsuit, feeling such a term was tied to “intentional” actions translating to a “disregard of risk.”

Ventola also raised the exact same issue of “improper, ineffectual service” of the lawsuit, as in Aranow v. Isle Of Capri Associates Et.Al, and similarly sought dismissal for this “erroneous legal insufficiency.”

Hearings as to the issue of proper services were to be held Wednesday in Court chambers at Philadelphia City Hall.

The plaintiffs are seeking in excess of $50,000, plus all court costs and any other relief the Court deems just in this case.

The plaintiffs in both cases are represented by Marc I. Simon of Simon & Simon, in Philadelphia.

The defendants in both cases are represented by Brendan M. Howton of William J. Ferren & Associates and Claire B. Ventola of Marshall Dennehey Warner Coleman & Goggin, both in Philadelphia.

Philadelphia County Court of Common Please cases 150201616 and 150202448  

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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