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A class-action lawsuit by a group of tenants at a Weehawken luxury apartment complex over security is moving forward after an appellate court panel affirmed an earlier ruling that the agreement to waive such suits was unenforceable.

The panel rejected the argument by Hamilton Cove’s owner, Hartz Mountain Industries, that the lawsuit, which stemmed from a claim made to prospective renters that there was around-the-clock security, should be dismissed because the tenants’ lease includes a clause that waive their right to file or take part in a class-action lawsuit against the property.

The lawsuit was brought by William Pace and Robert Walters on March 31, 2022, and it says Hamilton Cove’s advertising claim of providing “elevated, 24/7 security” at its three buildings was false. The suit was filed by the Costello and Mains law firm, and handled by Lauren Bess and Miriam S. Edelstein.

After moving into the 573-unit complex on the Hudson River waterfront, Pace and Walters found in June 2020 that the apartments’ security cameras were broken and that in at least one building, a front desk greeter/mailroom attendant was stationed at the front of the building just six hours a day on weekdays (11 a.m.-5 p.m.) and less time on weekends.

By February 2022, the front desk greeter’s weekday hours were extended to 9 p.m., with more consistent staffing on weekends, but the building never provided the “24/7″ security as promised, the lawsuit said. In a motion to dismiss the lawsuit, Hamilton Cove argued that the tenants were allowed to file lawsuits individually, but in their lease agreements they waived any right to file or participate in class action.

In the 16-page appellate court ruling released Wednesday the panel said the waiver could not be enforced because the tenants had not been offered arbitration.

“Considering our longstanding, fundamental public policy favoring class actions, we hold there is no societal interest in enforcing a class action waiver in a contract that does not contain a mandatory arbitration provision and conclude that the class action waivers in this case are unenforceable as a matter of law and public policy,” the ruling said.

The lawsuit asks for unspecified compensatory and punitive damages, the installation of working cameras and around-the-clock security as initially promised, and for the management to refrain from advertising amenities and services that are not delivered. In the event the 24/7 security and working security cameras are not in place at the time of the court order, the lawsuit ask for a reduction in rent to compensate tenants.

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BOSTON (AP) — A New Jersey lawyer already charged in connection with a series of sexual assaults in Boston's Charlestown neighborhood about 15 years ago pleaded not guilty on Thursday to new charges stemming from sexual assaults in another area of the city that occurred at roughly the same time.

Matthew Nilo, 35, of Weehawken, was released on $50,000 bail at his arraignment in Suffolk Superior Court after entering pleas to a total of seven new charges, including rape, aggravated rape and assault to rape.

The new charges stem from five attacks on four women — one woman was attacked twice — in Boston's North End between January 2007 and July 2008, prosecutors said. Nilo lived in the neighborhood at the time, Suffolk District Attorney Kevin Hayden said, and the attacks followed a similar pattern to the Charlestown cases.

Nilo was previously freed on $500,000 bail after pleading not guilty in June in connection with the Charlestown attacks. He worked for a New-York-based cybersecurity company, was hired in January after passing a background check, and was suspended following his arrest.

Advances in DNA testing and genealogical testing led to identifying Nilo, who now lives in Weehawken, as a suspect, Hayden said.

"Nothing can eliminate the terror experienced by these survivors," Hayden said after the arraignment. "But at least now they have the knowledge that Mr. Nilo must answer to the horrible charges he's alleged to have committed. We hope this provides some solace to survivors of these attacks."

Nilo's attorney, Joseph Cataldo, said his client denies the charges and the district attorney's office was "piling on."

"I think they're trying to solve some unresolved cases, and I'm afraid that the government might be piling on, just trying to claim that Mr. Nilo committed these crimes," Cataldo said outside the courtroom.

Nilo was tied to the Charlestown cases through DNA taken from a drinking glass he had used at a corporate event this year, and Cataldo has questioned the constitutionality of the way that evidence was collected without a warrant.

Hayden thinks it will stand up in court.

"We're confident in the legality of the evidence we have recovered," Hayden said.

Nilo is scheduled to be back in court on Sept. 14.

Controversy is raging among Hoboken residents who have no town pool and want to use the state-funded facility a mile away (updated).

|Updated Tue, Jun 20, 2023 at 6:35 pm ET

HOBOKEN, NJ — Will Weehawken offer day passes to all New Jersey residents for their new pool complex on the waterfront? The state Department of Environmental protection said this week that they need to provide the option.

After Hoboken residents fought for months last summer to have access to the new, partly-state funded Weehawken complex a mile away from their town, they and others in New Jersey were finally allowed in at the end of last summer, as well as this June.

But beginning June 23, season passes are required for entry to the Weehawken pool complex starting at $200 for the summer — and that's still running afoul of New Jersey rules, the state said this week.

In an email sent Monday to a Hoboken father who has been inquiring about pool access, Maude Snyder of the state Department of Environmental Protection, which administers state Green Acres funding, said Monday:

"We are aware of the issue, and you are correct that when season passes are offered to the public for Green Acres’ funded parks, our rules say that daily or single use passes must also be offered. I contacted the Weehawken Manager about this on 6/6. Green Acres’ rules don’t speak to the details of offering daily passes and we would consider a request from Weehawken to limit daily passes to a reasonable number or portion of the pool’s total capacity. But, we haven’t heard back from them."

Find out what's happening in Hobokenwith free, real-time updates from Patch.

Dozens of Hoboken residents have taken to social media in recent months to ask about access to the sparkling new Weehawken complex, as officials in Hoboken — located a mile from the pool on the waterfront — have promised for decades to build a public pool for residents, without delivering.

And even Weehawken residents said they were frustrated with the lack of information, with some starting a petition.

The city of Hoboken is the only municipality contiguous to Weehawken that lacks a public pool for its residents.

Over Memorial Day, 308 of the 906 people who used the new pool that day were Hoboken residents, Mayor Richard Turner recently told NJ.com.

During the summer of 2022, Hoboken residents kept asking for access to the complex, and were finally granted permission to visit the pool in mornings in August.

Weehawken Town Administrator Gio Ahmad told Patch last month that for summer 2023, the pool would be open to all New Jersey residents for free through June 23. But the town's subsequent announcement of a season pass-only system received criticism from some Hoboken residents as well as some in Weehawken.

Weehawken residents can use the pool for the season starting at $100 per adult, and kids under 18 are free. For Hoboken residents, the fee is $200 per adult. The fees are consistent with DEP rules about fees for residents and out-of-towners.

Weehawken's Recreation Department also offers swim lessons for children in their town in order to promote water safety, via a low-cost camp in partnership with the North Jersey YMCA.

The town also has contracted with the Weehawken Swim Association (Weehawkenswim.org) to offer lessons for residents of the town and contiguous towns at the pool.

Will Hoboken Officials Respond?

After the seasonal fees were announced this month, some residents said the fees are cost prohibitive, as those in other towns may only want to visit the pool occasionally. They said there should be affordable daily rates.

"The green acre rules requiring day passes be available makes sense and is reasonable," said Andrew Strobel, a Hoboken dad, this week. "Given the pool was partially funded with taxes paid by all NJ residents, it is only fair that day passes be available to residents who can’t afford a season pass or only want to use the pool a few times during the summer."

The new complex was partly built with state Green Acres funds, and thus has to be available to all New Jersey residents and follow other Green Acres rules.

Last year, when Hoboken residents were finally allowed into the pool for mornings in August, several city officials thanked each other as well as Weehawken's mayor, which drew some jeers.

Patch has reached out to Hoboken City Hall over the last six weeks to see if local officials have advocated for more pool access this year.

On Tuesday, city spokesperson Marilyn Baer said, "The administration has reached out to Weehawken to ensure residents have access to the pool and will continue to advocate on behalf of residents. The City continues to partner with Stevens Institute if Technology to ensure residents can access their pool year-round through several membership options."

Residents in Hoboken have long expressed frustrations, through several Hoboken mayoral administrations, with repeated promises and failures to build a pool or provide pool access. The city has floated future development plans that may include a pool in 2020, 2021, and again just last month.

The city's Recreation Division was given access to the Hoboken High School pool by the public school district last year — for all families, not just in the public schools — and the city offered it to residents with limited hours.

'Today I Was Turned Away'

Some area residents have suggested that it's dangerous for a town to not promote water safety to families in an affordable way.

"Today I was turned away from entering a public pool in Weehawken New Jersey," wrote a Facebook user on Sunday. (The Weehawken pool has had long lines on recent weekends.) "Although it's understandable to keep some restrictions on who uses this public facility, it got me to realize how few of these public pools exist ... failure to swim causes numerous casualties especially in young children. Public investments in pools may be more useful than building another mall or wholefoods."

A local mom has begun a petition for Hoboken to find ways to have affordable swim lessons for local kids and plan a pool as a stand-alone project, rather than part of a large development. She has garnered more than 600 signatures so far.

She wrote, "As two educators from NJ noted in a NJ.com op-ed recently, urban areas need their own community pools and low-cost swimming lessons to save lives. Weehawken now has a fantastic pool complex and offers low-cost lessons."

City Council candidate Ian Rintel has suggested a Hoboken shuttle to take residents to free Hudson County pools further away, such as the pools in Union City, which are open to all county residents. He said recently that he has not heard from any officials yet in response to his proposal.

"The rates for the Weehawken pool and the fact that there is no daily option exclude those of less means, those who do not live near the pool, and those who are only interested in occasional pool use," he said, about the latest developments.

Read Patch's past coverage of the fight for a pool in Hoboken, the new Weehawken pool, and related issues here.

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It may just be us, but sometimes, food just hits differently when it comes with a side of a gorgeous waterfront view. Luckily, Hudson County sits directly across from Manhattan on the Hudson River, which means the dining is prime for views – specially the Edgewater area. Keep reading for a complete list of riverside dining options in Edgewater, Weehawken, West New York.

This might be a chain restaurant, but the views are one of a kind. Located just South of Edgewater in nearby Weehawken, this riverfront restaurant is located right near the Lincoln Harbor ferry terminal. There are delicious cocktails (The Hoboken Girl recommends the Butterfly Effect), and there are even tasty mocktails on the menu. There are no bad menu items, but the swordfish with blue cheese butter is amazing. Open Table even named this place one of the 100 most romantic restaurants in the U.S.

Read More: The Best Restaurants With a Waterfront View in Hoboken + Jersey City

Tucked away at the end of the City Center shopping mall, this is a cannot-miss restaurant with amazing views of Manhattan (and Jersey City). The wine list is extensive and boasts some options that are exclusively offered here at this restaurant. The filet mignon is amazing, and all of the sides are delicious. Anyone with a food allergy will appreciate the extra care the staff takes. When making a reservation, allergies can be listed, and they will again confirm upon arrival at your table.

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Haven is a great spot for views, but the views of the river and skyline are just as amazing. Open seven days a week, this place is great to visit for brunch (on weekends), lunch, or dinner, and they even have a separate vegan/vegetarian menu. The brunch game here is also strong. You can order a la carte or the pre-fixe menu which is $39 for one brunch item and 2 bellinis, mimosas, or bloody marys. Architectural Digest even named Haven as “One of The World’s 16 Most Spectacular Waterfront Restaurants”

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The Mitsuwa Marketplace has various Japanese stores and groceries. Hudson Pot is located right on the water, so diners can enjoy their Japanese fare with gorgeous views of upper Manhattan. Located just down the street from Sojo Spa, this could be a great spot before or after a relaxing massage. The menu itself includes different vegetarian and meat pots with broth and noodles or rice, as well as other dishes.

Tucked behind a few different apartment complexes, Molos can be quite unassuming but don’t sleep on this place. It’s a luxury, upscale Mediterranean restaurant specializing in seafood. There are a few signature dishes including a full fish and saganaki flame, a Greek flaming cheese dish. The sustainable menu also includes classic dishes like filet mignon souvlaki, fresh fish market, and different farm-to-table sides. Make sure to adhere to the smart casual dress code.

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Complete with indoor and outdoor dining, Pier 115 feels like a little oasis in Edgewater. The menu ranges from wood-fired pizzas to sushi, and it’s all delicious. Getting here might be a bit confusing, but just keep walking to the water, and when you get there, keep going. The entrance is closer to the end of the piece at the end of the open-air parking garage. The beer list is extensive, as are the TVs filled with different sports games. On the weekends this place is open late, until midnight.

Just off Port Imperial Boulevard, Son Cubano boasts an impressive Cuban menu with live music. This Supper Club has $10 signature cocktails and great appetizers to start (The Hoboken Girl recommends the guacamole). This month, Son Cubano is having dinner and a show with West Side Story presented by critically acclaimed Broadway actors. Check the website for more information. Make sure to adhere to the smart casual dress code.

The views here are epic (you can see all the way to the Statue of Liberty), but the interior is also just as lovely. During the warmer months, make sure to sit outside if you can (though it is heated all year round). This trendy place has a great menu, especially for brunch. The breakfast tacos are to die for, and on Sunday there is a whole lobster feast with a, well, lobster-filled menu.

See More: Where to See Views of the Manhattan Skyline in Essex County

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Tucked to the side in the unassuming Edgewater Marketplace, this Mediterranean restaurant has great views, as well as interesting interior decor, and a delicious menu. It is quite extensive and, with an entirely separate dip menu. The cocktails have catchy names, and the “Life is too short for bad coffee” is a must-try. After spending the day at Sojo Spa, come here for a great dinner on the water.

HOBOKEN, NJ — As the city of Hoboken continues discussing ideas for a pool some time in the future — and as temps get hotter — a question remains: What's it doing now?

[UPDATE: See the Weehawken pool announcement for 2023 here.]

A Hoboken mom has started a petition, which has garnered more than 400 signatures, asking the city to move forward with a pool project now, rather than waiting several years for a major development complex to include it.

Pool frustrations have become so agonizing in Hoboken that in 2008, a city worker said she quit her job because she was unfairly blamed for losing the chance to have a floating pool in town.

So where will Hoboken residents cool off in summer 2023?

Weehawken has not yet revealed which hours it will open its new pool complex to its own residents for summer 2023 — nor the hours for towns including Hoboken. But Weehawken is required to allow all New Jersey residents to use their new complex because it was built with state Green Acres funding.

A controversy erupted last year after a Hoboken dad began asking when the pool would open to residents of other towns. The state demanded that Weehawken open it to others, but the town delayed doing so until August.

As for this year, "My kids still ask me when we are going to the Weehawken pool," said father Andrew Strobel last week. "I haven't heard anything further about access. Would be good to get ahead of it as summer is fast approaching. NJDEP has rules governing reasonable access but enforcement is slow."

Of all the towns close to Weehawken's new waterfront pool complex, only Hoboken lacks its own pool.

Patch reached out to Weehawken Town Administrator Gio Ahmad this week regarding summer 2023, and will update this story when he responds. (Here is 2022 pool information.)

So what else will Hoboken offer this summer?

Pool Petition

Hoboken residents have been promised a pool for more than two decades. One local mom of small children started a petition saying she was tired of the city counting on a massive development to include a pool.

Samantha, who asked that her name not be used, suggested that the city start work on a pool as a standalone project, and also offer low-cost swim lessons as many nearby towns have done to keep children safe.

"The pool is an option in every land proposal, which is great, but also could result in always thinking another location will be better and it not coming to pass," Samantha said. "This is why the original intent of the petition was to make the pool a standalone issue with several options to choose from."

Last year, Mayor Ravi Bhalla announced that Hoboken residents would have two types of pool access. The public schools opened the Hoboken High School indoor pool to residents starting in July (although it had limited hours, which also caused a back-and-forth about who decided to restrict those hours. Eventually more hours were added).

Bhalla also noted last year that Hoboken residents can register to use the Stevens Institute of Technology pool in summer, for a fee.

The pool has also been part of several proposals, including in 2020 and in 2022. Just last month, the city announced that two of three options for a proposed complex at 800 Monroe St. include a pool. But Samantha noted that this is no guarantee.

A Hoboken City Council candidate — Liz Urtecho, who's running for 5th Ward — said she believes the plans including the pool would allow less retention of groundwater, and thus may not happen.

Samantha said, "It's my feeling that 800 Monroe should be significantly off the ground, both for the environmental cap and for ease of construction. They are already saying it's going to be so expensive to set it on a certain foundation. My thought is, if this pool were floor two of a high rise, just without a roof atop it, would this really be so costly and problematic to construct? ... This is is why I say, build it a few stories up, but I am not an engineer."

She said it would be wise to at least get started on a standalone pool.

"People definitely want lessons," she noted. "We also need more than one pool. But start somewhere. An indoor option would be great, perhaps built underneath so lessons could take place year round."

Samantha's petition had gathered 407 signatures as of Thursday.

'Life-Saving Skill'

The petition notes that last year, two New Jersey-based planning experts said that it's important for cities to have a pool so that children in urban areas can learn water safety without spending a lot of money.

In their piece in NJ.com, Rutgers Associate Professor Khadijah Costley White and urban planner Devyani Guha wrote that a municipal pool is a way for "children to learn a life-saving skill and for children of all races and ethnicities to have fun together."

They cited the 2020 drowning death of a Maplewood high school senior who had no pool to learn in, as the pool that normally offered lessons had been shut down.

For the coming summer, Maplewood is offering lessons at $50 per child. Weehawken has had similar rates.

So far, Hoboken has announced two 2023 summer recreation programs starting in June/July for kids, but hasn't listed information about pool hours or swim programs.

Bhalla noted the need for a pool six years ago in his recreation plan when he ran for mayor, and floated other ideas for using local space:

A new recreation plan will also include exploring more community space in the acre of land adjacent to our new Northwest Park land, as well as a potential partnership with the former YMCA at 13th and Washington Streets to rehabilitate that facility. Together, new multi-service space would allow for amenities such as additional gym space, a multi-sport indoor turf field, a renovated senior center, and two popular amenities that I am strongly in favor of — a community pool and indoor ice skating rink. Additional ideas I've heard proposed by residents that I'd like to explore include a new teen center, an additional Hoboken Library branch, dance studio, renovated meeting space, and utilization of the roofs of new City facilities to include cost-effective activities. With more recreational space, it is my vision that Hoboken can finally host its own summer camp for kids. As someone with two young children, I know how important having an affordable and local option for children during the summer months is for parents. Like you, I'm eager for residents of all ages to enjoy access to more multi-user recreational space while we continue on the fiscally responsible path we've taken over the past eight years.

Hoboken currently has 53 acres of open space. The city recently announced the opening of the Northwest Resiliency Park field.

Other Pools Available In Summer

Both Union City and Jersey City offer pools that Hoboken residents can use, although Jersey City's pools require a fee.

Union City's pools are free and offer a wide range of delights for children.

There's a kiddie pool/music park for toddlers on Park Avenue, near the Weehawken border. The town also has a creative mini-pool complex with small waterslides on 33rd Street, and an Olympic-sized pool (with splash pad for kids) up the 14th Street Viaduct on the Palisade cliffs. See Union City's offerings here. Still, those options aren't as walkable as pools in Hoboken and Weehawken.

"Advocacy for Hobokenites to gain access to Weehawken's facility, while much appreciated, pulls focus from addressing our core need for a pool," Samantha said. "Efforts to facilitate the use of our local university and public high school pools are helpful, but they can't compare with a free, outdoor, low-cost option for use by all residents — one that would also allow for low-cost/free Recreation Department lessons to teach crucial water safety. Further, the school district has many other pressing priorities."

Hoboken reached out to City Hall on Wednesday and will update this story when more information is received.

What would you like to see in terms of pool access and public swim and summer options for Hoboken residents? Comment below or here.