Faizeh Zalel v. Tina Huang

CourtNew Jersey Superior Court Appellate Division
DecidedDecember 31, 2025
DocketA-2978-23
StatusUnpublished

This text of Faizeh Zalel v. Tina Huang (Faizeh Zalel v. Tina Huang) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Faizeh Zalel v. Tina Huang, (N.J. Ct. App. 2025).

Opinion

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited . R. 1:36-3.

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2978-23

FAIZEH ZALEL, a/k/a FAIZEH JALOUDI,

Plaintiff-Appellant,

v.

TINA HUANG, PASQUALE MONACO, DEBORA MONACO, FIRST SERVICE RESIDENTIAL and INDEPENDENCE HARBOR HOA,

Defendants-Respondents,

and

HOUSEMASTER, INC.,

Defendant. __________________________

Submitted October 2, 2025 – Decided December 31, 2025

Before Judges Bishop-Thompson and Puglisi.

On appeal from the Superior Court of New Jersey, Law Division, Bergen County, Docket No. L-7333-21.

George J. Cotz, attorney for appellant. Law Office of Frank A. Viscomi, attorneys for respondent Tina Huang (Lisa R. Marshall, on the brief).

Chasan Lamparello Mallon & Cappuzzo, PC, attorneys for respondents Pasquale Monaco and Debora Monaco 1 (James B. Shovlin, on the brief).

Flanagan, Barone & O'Brien, LLC, attorneys for respondents First Service Residential Mid Atlantic, LLC, and Independence Harbor 1 Condominium Association2 (Alexander L. D'Jamoos, of counsel and on the brief).

PER CURIAM

In December 2016, plaintiff Faizeh Zalel purchased a first-floor

condominium in Independence Harbor complex, a three-story multi-unit

condominium in Edgewater. However, she did not purchase or maintain

property insurance for the unit in accordance with Article 12.05 of defendant's

Independence Harbor 1 Condominium Association's Master Deed.

Defendant Tina Huang owned the unit directly above Zalel's unit.

According to Article 7.01 of the Master Deed, unit owners are responsible for

the maintenance, repairs, and replacement of their units at their own expense.

1 Respondent Debora Lucarello was improperly pled as "Debora Monaco." 2 Respondent First Service Residential Mid Atlantic, LLC was improperly pled as "First Service Residential" and Respondent Independence Harbor 1 Condominium Association was improperly pled as "Independence Harbor HOA." A-2978-23 2 The "common areas" are owned and controlled by Independence Harbor and

managed and maintained by First Service Residential Mid Atlantic, LLC (First

Service) under the Master Deed and pursuant to a contract.

The same month Zalel purchased her unit, she discovered standing water

on the floor and mold extending into the kitchen ceiling. She spent over

$150,000 to remediate the mold problem behind her kitchen wall.

In November 2019, she observed water coming down from the kitchen

ceiling. Huang took responsibility for the leak and reimbursed Zalel for the cost

of repairs to her unit.

The last incident occurred in December 2020, where Zalel asserted she

sustained substantial water damage from leaks originating from Huang's unit,

claiming damage to her premises in excess of $30,000. First Service told Zalel

the source of the water "flooding" into her unit was a leaking dishwasher hose

in Huang's unit. Huang provided her homeowner's policy insurance to Zalel and

advised her to file a claim.

Zalel filed suit asserting a negligence claim against First Service for

failing to maintain the condominium premises, Independence Harbor for the

negligence of First Service, Housemaster, Inc. (Housemaster) related to the

A-2978-23 3 home inspection of her unit,3 Huang, and Monaco and Lucarello (collectively,

the Monaco defendants), tenants in Huang's unit. She sought compensatory

damages related to the water infiltration.

Huang moved for summary judgment, followed by cross-motions for

summary judgment from First Service, Independence Harbor, and the Monaco

defendants. Each defendant argued plaintiff had not produced any proof or

expert testimony concerning the source of the leak for each claimed incident.

Zalel opposed the motion and argued the doctrine of res ipsa loquitur

applied. In support of her argument, Zalel relied exclusively on her

counterstatement of facts and certification with no citations to the record,4

stating: Huang "informed" Zalel of the dishwasher leaking from her apartment;

after opening Zalel's ceiling in November 2019, First Service told her the leak

came from Huang's premises and Huang stated her dishwasher hose was leaking;

and after opening Zalel's ceiling again in December 2020, First Service told her

the dishwasher was leaking in Huang's unit.

3 Housemaster was dismissed under Rule 1:13-7 for lack of prosecution. 4 We note Zalel's counterstatement of facts cites her certification rather than the motion record, a procedural violation of Rule 4:46-2(c), which requires citations to the motion record. A-2978-23 4 In three separate orders issued on April 24, 2024, each accompanied by

written decisions, the trial court granted summary judgment in favor of each

defendant. The court concluded Zalel had not established negligence against

any defendant through expert testimony: the leak had not originated from a

common element under the control of First Service or Independence Harbor; and

her claim was barred by Article 12.05 of the Master Deed, which requires unit

owners to maintain insurance and contains a waiver of subrogation.

On appeal, Zalel raises two arguments for our consideration. She first

argues the court erred by concluding res ipsa loquitur could not be invoked

without expert testimony. She also argues genuine issues of material fact

regarding causation existed, which should have been submitted to the jury for

resolution.

Based upon our de novo review of the trial court's summary judgment

orders, we affirm. Stewart v. N.J. Tpk. Auth., 249 N.J. 642, 655 (2022). Our

de novo review standard requires us to "determine whether 'the pleadings,

depositions, answers to interrogatories and admissions on file, together with the

affidavits, if any, show that there is no genuine issue as to any material fact

challenged and that the moving party is entitled to a judgment or order as a

matter of law.'" Branch v. Cream-O-Land Dairy, 244 N.J. 567, 582 (2021)

A-2978-23 5 (quoting R. 4:46-2(c)). "Summary judgment should be granted . . . [']against a

party who fails to make a showing sufficient to establish the existence of an

element essential to that party's case, and on which that party will bear the

burden of proof at trial.'" Friedman v. Martinez, 242 N.J. 449, 472 (2020)

(quoting Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986)). We do not defer

to the trial court's legal analysis. RSI Bank v. Providence Mut. Fire Ins. Co.,

234 N.J. 459, 472 (2018); Perez v. Zagami, LLC, 218 N.J. 202, 209 (2014).

To establish a prima facie case of negligence, a plaintiff must establish a

"(1) duty of care, (2) breach of that duty, (3) proximate cause, and (4) damages."

D'Alessandro v. Hartzel, 422 N.J. Super. 575, 579 (App. Div. 2011) (citing

Conklin v. Hannoch Weisman, P.C., 145 N.J. 395, 417 (1996)). A plaintiff

"bears the burden of establishing those elements 'by some competent proof.'"

Davis v. Brickman Landscaping, Ltd., 219 N.J. 395, 406 (2015) (citation

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