Piver v. Birman

Twelve condominium owners suing individually and as members of a class, together with the condominium association of the condominium complex in question, filed a class action against numerous defendants, including the developer, in a six count complaint that sought both legal and equitable relief.

At pretrial conference the trial court denied the defendants’ motions for: (a) a continuance to allow plaintiff to further depose certain unit owners, (b) a summary judgment, (c) dismissal of the class action as to certain corporations, and (d) severance of the equitable claims not triable by jury.…