MORRISTOWN The Dockside Resorts Homeowners Association filed a lawsuit last week seeking $495,000 from its former president and his company, who they say repeatedly failed to maintain the Dockside Resorts Condominium docks over several years.
Jarrett D. Newby, of Broome County, former association president, allegedly rented out condominiums, but failed to direct profits toward complex improvements hed agreed to make between 2006 and his July 2011 resignation.
The original project called for 36 condominiums and cost $7.2 million. Of the 40 dock slips installed, only eight remain operational.
Docks installed by [Dockside Resorts LLC] were negligently installed so that, almost immediately upon installation, the docks began falling, and continued to fall, slip by slip, into the river, states the Homeowners Association within the lawsuit, which was filed Wednesday with state Supreme Court.
The structural problems, stated within the lawsuit, allegedly resulted from incorrectly installed support beams and inferior steel used.
The association seeks $400,000 to repair and replace the docks, $75,000 to install asphalt in the complexs parking lot and $20,000 to install the agreed-upon electricity, water and lights at the docks.
Mr. Newby and the Dockside Resorts LLC, alleges the Homeowners Association, have committed material misrepresentations of fact concerning the completion of the project, including assuring the Homeowners Association that the docks were under warranty in 2008, and that the company that installed them would replace them in 2009.
Neither statement was true, the Homeowners Association argues within the lawsuit, and by May it became certain they had been defrauded.
Mr. Newbys legal representation, if he has acquired any, is unknown.