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  • CRE Niagara Holdings, LLC v. Resorts Group, Inc.

    Publication Date: 2023-04-25
    Practice Area: Contracts
    Industry: Hospitality and Lodging | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:
    Case Number: N20C-05-157 PRW CCLD

    Court declined to dismiss case for lack of subject matter jurisdiction where it had already ruled that a Delaware forum selection clause in one of the parties' agreements covered plaintiffs' claims, and any risk of duplicative litigation was caused by the parties' tactical decisions to litigate in two jurisdictions to try to obtain their preferred forum.

  • PVP Aston, LLC v. Fin. Structures Ltd.

    Publication Date: 2023-04-18
    Practice Area: Insurance Law
    Industry: Insurance | Real Estate
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Christopher P. Simon, Michael L. Vild, Cross & Simon, LLC, Wilmington, DE for plaintiffs.
    for defendant: Michael W. Teichman, Kashif I Chowdhry; Kyle F. Dukle, Parkowski, Guerke & Swayze, P.A., Wilmington, DE; Jeffrey D. Brooks, Tanisha L. Massie, Morrison Cohen LLP, New York, NY defendants.
    Case Number: N21C-09-095 AML CCLD

    Court dismissed declaratory judgment claim where plaintiffs' arguments in support had already been rejected by courts in other states in actions involving the parties, thereby invoking the doctrine of collateral estoppel.

  • Wais v. Thompson

    Publication Date: 2023-04-11
    Practice Area: Real Estate
    Industry: Legal Services | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Chandra J. Williams, Rhodunda, Williams & Kondraschow, Wilmington, DE for appellants.
    for defendant: Steven D. Rosen, The Rosen Law Firm, LLC, Wilmington, DE for appellee.
    Case Number: N22A-08-003 CLS

    The court affirmed the trial court's order finding for a buyer in a real estate matter where the seller breached contractual obligations by failing to repair a defective roof.

  • Gray's Landing Dev., LLC v. Blackston Cove Dev., LLC

    Publication Date: 2023-04-04
    Practice Area: Contracts
    Industry: Construction | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Phillip A. Giordano, Madeline R. Silverman, Gordon, Fournaris & Mammarella, P.A., Wilmington, DE for plaintiff.
    for defendant: William J. Rhodunda, Nicholas G. Kondraschow, Rhodunda Williams & Kondraschow, Wilmington, DE for defendant.
    Case Number: N22L-06-019 JRJ

    Court dismissed statement of claim for mechanic's lien where plaintiff added language stating that allegations were true and correct only to the best of plaintiff's knowledge, since statutory law prohibited the inclusion of qualifying language.

  • Shady Park Homeowners' Ass'n Inc. v. Shady Park MHC LLC

    Publication Date: 2023-03-21
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Conner
    Attorneys: For plaintiff: Olga K. Beskrone, Community Legal Aid Society, Inc., Wilmington, DE for appellant.
    for defendant: David C. Zerbato, Robert J. Valihura, Morton, Valihura & Zerbato, LLC, Greenville, DE for appellees.
    Case Number: S21A-11-001 MHC

    Court upheld arbitration decision granting housing community owner's request for a rent increase where owner had expended funds for capital improvements in the community and had presented credible evidence of the market rent.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Church v. Harmon

    Publication Date: 2023-03-14
    Practice Area: Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Jones
    Attorneys: For plaintiff: David E. Matlusky, The Matlusky Firm, Wilmington, DE for plaintiff.
    for defendant: Evan Rassman, Emily Letcher, Cohen Seglias, Palias, Greenhall & Furman, P.C., for defendants.
    Case Number: N22C-08-453 FJJ

    The court denied a motion to dismiss a claim for waste on the grounds that plaintiff's claims sufficiently laid out a claim for waste on the grounds that plaintiff sufficiently pled that a mortgage encumbered a property that he had a certain future interest in and therefore his claims fell squarely within the jurisdiction of the superior court.

  • 300 W 22 Realty, LLC v. Strathmore Ins. Co.

    Publication Date: 2023-03-14
    Practice Area: Insurance Law
    Industry: Insurance | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Benjamin P. Chapple, Reed Smith LLP, Wilmington, DE; Nicholas M. Insua, Princeton, NJ for plaintiff.
    for defendant: Curtis J. Crowther, Robinson & Cole LLP, Wilmington, DE; Gregory P. Varga, Jonathan E. Small, Robinson & Cole LLP, Hartford, CT for defendant.
    Case Number: N22C-03-147 MMJ CCLD

    Court lacked personal jurisdiction over New York insurer which had issued policy through a New York broker to insure property located in New York City.

  • Liborio III L.P. v. Artesian Water Co., Inc.

    Publication Date: 2023-02-28
    Practice Area: Public Utilities
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: L. Vincent Ramunno, Ramunno & Ramunno, P.A., Wilmington, DE for plaintiff
    for defendant: Colin D. Dougherty, Fox Rothschild LLP, Blue Bell, PA; Courtney A. Emerson, Artesian Water Company, Inc., Wilmington, DE for defendant.
    Case Number: N22C-06-109 PRW

    Breach of contract and fraud claims dismissed where public utility regulations plainly applied to parties' subsequently adopted water services agreement and the agreement explicitly referenced the applicability of the regulation to the agreement.

  • Delta Eta Corp. v. City of Newark

    Publication Date: 2023-02-14
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Court of Chancery
    Judge: Vice Chancellor Zurn
    Attorneys: For plaintiff: Richard L. Abbott, Abbott Law Firm, Wilmington, DE for plaintiff.
    for defendant: Max B. Walton, Lauren P. DeLuca, Erica K. Sefton, Connolly Gallagher LLP, Wilmington, DE for defendants.
    Case Number: 2021-1106-MTZ

    Chancery court lacked subject matter jurisdiction over challenge to denial of special use permit by city council, which had acted in quasi-judicial capacity in denying the permit application and thus allowed for a remedy at law.

  • 250 Executive, LLC v. Christina Sch. Dist.

    Publication Date: 2023-02-14
    Practice Area: Tax
    Industry: Real Estate | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Daniel F. McAllister, McAllister Firm, LLC, Wilmington, DE for petitioner.
    for defendant: James H. McMackin, III, Michelle G. Bounds, Morris James LLP, Wilmington, DE for defendants.
    Case Number: N22C-03-190 FWW

    Taxing entity improperly exercised discretion to deny refund request where taxpayer had undisputedly overpaid its property taxes due to the county's erroneous assessments.