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Publication Date: 2020-02-26
Practice Area: Contractual Disputes
Industry: Financial Services and Banking | Real Estate
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Michael J. Barrie, Stephen M. Ferguson and William M. Alleman, Jr., Benesch, Friedlander, Coplan & Aronoff LLP, Wilming-ton, DE; Helen Gavaris, Loeb & Loeb LLP, New York, NY for plaintiff.
for defendant: Andrew D. Cordo, Wilson Sonsini Goodrich & Rosati, Wilmington, DE; Adam C. Silverstein and Rebecca E. Algie, Otterbourg P.C., New York, NY for defendants.
Case Number: D68893
Defendants' actions triggered the full recourse provisions under the loan and guaranty agreements. Plaintiff's claims were not barred by the statute of limitations.
Publication Date: 2020-02-12
Practice Area: Tax
Industry: Real Estate | State and Local Government
Court: Delaware Superior Court
Judge: Judge Streett
Attorneys: For plaintiff: Thomas P. McGonigle and Sawyer M. Traver for appellant.
for defendant: Adam Singer and Nicholas J. Brannick for appellees.
Case Number: D68870
Property tax board erred in failing to consider subject commercial property's high vacancy rate and the effect it had on the property's valuation.
Publication Date: 2020-02-05
Practice Area: Contractual Disputes
Industry: Chemicals and Materials | Real Estate
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Bernard Katz, pro se plaintiff.
for defendant: David B. Anthony, Berger, Harris, LLP, Wilmington, DE for defendant.
Case Number: D68866
The court referred this matter to arbitration, because a valid arbitration clause existed and the parties' dispute fell within the scope of that provision.
Publication Date: 2019-12-11
Practice Area: Real Estate
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Scott
Attorneys: For plaintiff: Charles J. Brown, III, Gellert Scali Busenkell & Brown, LLC, Wilmington, DE for plaintiff.
for defendant: Donald L. Gouge, Jr., Donald L. Gouge, Jr., LLC, Wilmington, DE for defendant.
Case Number: D68798
Plaintiff seller was entitled to judgment where defendant buyer breached a purchase and sale agreement for real property by failing to close by the contracted-for "time of the essence" closing date and the agreement unambiguously provided that plaintiff's sole and exclusive remedy was to retain defendant's earnest money deposit.
Publication Date: 2019-12-04
Practice Area: Regulation
Industry: Construction | Real Estate | State and Local Government
Court: Delaware Superior Court
Judge: Judge Stokes
Attorneys: For plaintiff: Ronald E. Hastings, Ponte Vedra Beach, FL, pro se plaintiff.
for defendant: Michael R. Smith, Seaford, DE for defendants.
Case Number: D68793
Although plaintiff alleged sufficient facts to support his fraud claims, the court held those claims were barred by the doctrines of res judicata and collateral estoppel. Motion to dismiss granted.
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Authors: Trey Cox, Jason Dennis
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Publication Date: 2019-11-20
Practice Area: Damages
Industry: Construction | Real Estate
Court: Delaware Superior Court
Judge: Judge Rocanelli
Attorneys: For plaintiff: Christopher H. Lee, Blake Bennett, and Dean Roland, Cooch & Taylor, P.A., Wilmington, DE for plaintiff.
for defendant: Justin Callaway, Salmon, Ricchezza, Singer & Turchi, LLP, Wilmington, DE for defendant.
Case Number: D68775
Contractual limitation of liability provision that merely limited contractor's liability to cost of services, rather than excluding all liability, was enforceable since it provided certainty to potential damages.
Publication Date: 2019-11-13
Practice Area: Real Estate
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Scott
Attorneys: For plaintiff: Douglas A. Shachtman, The Shachtman Law Firm, Wilmington, DE for plaintiff.
for defendant: Donald L. Gouge, Jr., Donald J. Gouge Jr., LLC, Wilmington, DE for defendant.
Case Number: D68768
Parties had valid oral contract for sale of land when purchaser made partial payment, and purchaser breached when sellers were in position to complete the sale, and after a reasonable time for settlement, made time of the essence by setting a hard date for closing.
Publication Date: 2019-11-06
Practice Area: Real Estate
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Stokes
Attorneys: For plaintiff: R. Eric Hacker and Robert G. Gibbs, Georgetown, DE for plaintiff.
for defendant: Scott Wilcox and Ryan Adams, Georgetown, DE for defendant.
Case Number: D68765
Defendant failed to demonstrate excusable neglect, and plaintiff was entitled to summary judgment on his ejectment claim.
Publication Date: 2019-10-30
Practice Area: Landlord Tenant Law
Industry: Hospitality and Lodging | Real Estate
Court: Delaware Superior Court
Judge: Judge Karsnitz
Attorneys: For plaintiff: Seth L. Thompson, Parkowski Guerke & Swayze, P.A., Wilmington, DE for appellant.
for defendant: Dmitry Pilipis, Community Legal Aid Society, Inc., Wilmington, DE for appellee.
Case Number: D68750
Although the arbitrator erred in concluding that proposed rent increases were not "directly related" to operation, maintenance, or improvement of a mobile home park when park owner presented evidence of new expenses, the arbitrator had sufficient evidence to find the increase did not comply with statutory law where there was insufficient evidence to find the lots were below market.
Publication Date: 2019-10-23
Practice Area: Administrative Law
Industry: Real Estate | State and Local Government
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Josiah Wolcott, Connolly Gallagher LLP for appellants.
for defendant: Daniel Losco and Geena Khomenko George, Losco & Marconi, P.A. for appellees.
Case Number: D68746
A board of adjustment failed to articulate the reasons why a building official's determination about the characterization of a right of way was correct.
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