Michael Notartomas, Esquire of Marks O’Neill’s New Jersey office was successful in obtaining summary judgment on behalf of our client, a design professional.  The plaintiffs alleged that the HVAC system of their luxury condominium was negligently and defectively designed.  After successfully arguing for the preclusion of the plaintiffs’ experts, the Trial Court granted summary judgment and dismissed all claims against the client.  In doing so, the Court reasoned that the plaintiffs failed to satisfy their burden of proof.  After oral argument in the New Jersey Appellate Division, the dismissal was upheld.   The issues were again briefed before the New Jersey Supreme Court which denied certification.