• Grant v. The Phoenix on Peachtree Condominium Ass'n Inc.

    Publication Date: 2015-04-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Stephen Robinson and India Ali The Law Offices of Stephen H. Robinson, Atlanta, for Grant. Marvin Pastel and David Weinberg Winter Capriola Zenner LLC, Atlanta, for The Phoenix.
    for defendant:

    Case Number: A14A1703; A14A1704

    There was no evidence to support the defendant's counterclaims for unequal treatment based on race in a condominium association's lawsuit alleging that the defendant violated condominium rules by in

  • Carnett's Props. LLC v. JoWayne LLC

    Publication Date: 2015-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Sarah Chamberlin, Frank Hartley, and Virgil Thompson Thompson, Sweeny, Kinsinger Pereira PC, Lawrenceville, for appellant.
    for defendant: Michelle Youngblood Freeman Mathis Gary LLP, Forest Park, for appellee.

    Case Number: A14A1604

    The trial court erred in concluding that the language of a maintenance agreement between two entities related to storm water runoff and water detention was clear and unambi

  • Amah v. Whitefield Academy Inc.

    Publication Date: 2015-04-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Russell Hippe, Atlanta, for appellant.
    for defendant: Samuel Chambliss, John Fawcett Maner Crumbly Chambliss, Antonio Thomas, Atlanta, and Justin O'Dell O'Dell O'Neal, Marietta, for appellee.

    Case Number: A14A2101

    The trial court erred in ruling as a matter of law that the plaintiff's easement granted it an unrestricted right of access for all purposes, since the language of the easement created an uncert

  • Ashton Atlanta Residential LLC v. Ajibola

    Publication Date: 2015-04-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: F. Carlton King Ford Harrison LLP, Atlanta, for appellant.
    for defendant: Ashley Broach, Charles Marsh Swift, Currie, McGhee Hiers LLP, John Mansour, Carolina Bryant Ayoub Mansour LLC, Monika Cunha, Victor Todoriuc, Nancy Stacer, Ryan Wilson, Monterey Elkins, Pamela Haynes, Drew Johnson, Irnya Sheveruk, Joann Jordan, Atlanta, and Bobby Terry, Duluth, for appellees.

    Case Number: A14A1602

    Georgia's statute of repose barred the plaintiffs' action against a developer for damages resulting from broken and damaged water lines at a townhouse comm

  • SJN Props. LLC v. Fulton County Bd. of Assessors

    Publication Date: 2015-04-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: John F. Woodham Woodham Law LLC, Robert D. Feagin, Atlanta, and Irwin W. Stolz Jr. Hurt Stolz LLC, Athens, for appellant.
    for defendant: . R. David Ware, Cheryl M. A. Ringer, Shalanda M. J. Miller Fulton County Attorney's Office, and Cary Ichter Ichter Thomas LLC, Atlanta, for appellees. Amicus Appellees: Glenn R. Thomson Alston Bird, Atlanta, and Clark R. Calhoun Alston Bird LLP, Los Angeles, Calif..

    Case Number: S14A1493

    The trial court properly granted summary judgment to the Fulton County Board of Assessors in a taxpayer's lawsuit challenging the Board's valuation methodology in connection with ad valorem taxes a

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    Encyclopedia of New York Causes of Action: Elements & Defenses 2025

    Authors: ERNEST EDWARD BADWAY

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  • State v. Lampl

    Publication Date: 2015-03-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Tracy G. Lawson, District Attorney, Elizabeth A. Baker, Deputy Chief Assistant District Attorney, Kathryn L. Powers, Assistant District Attorney, Jonesboro, and Frances C. Kuo, Decatur, for appellant.
    for defendant: Brian Steel The Steel Law Firm PC, Atlanta, for appellee.

    Case Number: S14G0591

    The superior court erred in dismissing a perjury charge against the defendant and in suppressing his testimony before a specia ose grand jury as sanctions to remedy the overbreadth of the speci

  • S-D RIRA LLC v. The Outback Prop. Owners' Ass'n Inc.

    Publication Date: 2015-01-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: John T. Longino, Canton, for appellant.
    for defendant: John J. Capo, Jasper, for appellee.

    Case Number: A14A1307

    The trial court erred in dismissing the plaintiff's statutory claim for an easement, as the allegations in the complaint were sufficient to state a claim for r

  • Godwin v. Mizpah Farms LLLP

    Publication Date: 2015-01-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMillian, Carla W.
    Attorneys: For plaintiff: Malia Phillips-Lee and Ronald Warren Whitehurst, Blackburn Warren, Thomasville, for appellant.
    for defendant: Robert Howell, Moultrie, for appellees.

    Case Number: A14A1020

    Some issues of fact remained in the plaintiff's suit against his son and grandchildren for fraud, breach of fiduciary duty and breach of con

  • Del Lago Ventures Inc. v. QuikTrip Corp.

    Publication Date: 2015-01-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Ernest Greer, Michael King, Andrew Capezzuto Greenberg Traurig LLP, Robert Marcovitch, and David Matthews Weinberg, Wheeler, Hudgins, Gunn Dial LLC, Atlanta, for appellant.
    for defendant: John Sullivan and Bret Beldt Burr Furman LLP, Atlanta, for appellee. Other party representation: James Bass Bass, Bergeron Smith PC, Woodstock.

    Case Number: A14A0874

    A genuine issue of material fact remained regarding whether the defendants substantially complied with the termination provision of a real estate purchase con

  • Rollins v. Rollins

    Publication Date: 2015-01-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ray, William M.
    Attorneys: For plaintiff: H. Lamar Mixson, Timothy Rigsbee, and Lisa Strauss Bondurant, Mixson Elmore LLP, Atlanta, for appellant.
    for defendant: . John Dalton, Alan Bakowski, James Lamberth, Katie Balthrop Troutman Sanders, Sidney Moore Summerville Moore PC, and Lynette Smith Chick-fil-A Inc., Atlanta, for appellees. Amicus: John Larkins Chilivis, Cochran, Larkins Bever LLP, Atlanta.

    Case Number: A12A2516

    Questions of fact remained in an action for breach of and breach of fiduciary duty regarding the management of a family