ELIZABETH, N J— A motion to dismiss the entirety of the lawsuit filed over Westfield’s “Watcher" house was rejected on Thursday by a Superior Court judge, as confirmed by former owners’ defense attorney, Richard Kaplow. However, several counts against them, and Caldwell Banker, were dismissed, he said.
“Based on the comments of the court, I believe ultimately after some discovery the entirety of the case will be dismissed,” Kaplow said. “I don’t think the case has any merit and I don't think it should have been filed in the first place.”
The current owners of the house, who bought it for $1.3 million in 2014, have claimed that disturbing letters signed “The Watcher” are preventing them from being able to sell the Dutch Colonial on Boulevard, which they never moved into. They are suing on the grounds that the former owners did disclose to them the creepy letters prior to closing.
The case, and the house, have received national and international media attention since the lawsuit was filed last summer.
According to Kaplow, the former owners did receive one anonymous letter prior to the sale, but that that is no legal basis for a lawsuit.
“There is case law in New Jersey that says there is no duty to disclose something like the single letter my clients received prior to the closing,” Kaplow said. “There is no duty, and there is therefore no merit for the case.”
Calls made by TAP into Westfield to Lee Levitt, the attorney for the plaintiffs, and to attorney Louis Chiafullo, representing Caldwell Banker, were not immediately returned.