• Sterba v. Daniels

    Publication Date: 2023-03-27
    Practice Area: Contracts
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 5396 CV 2022

    In plaintiff's suit for possession of real property occupied by defendants, the parties' pleadings failed to establish key facts surrounding plaintiff's alleged agreement to transfer ownership of her deceased son's property. The trial court denied plaintiff's motion for judgment on the pleadings.

  • Wojciak v. Pustova

    Publication Date: 2023-03-27
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 5716 CIVIL 2022

    Defendants could not assert a counterclaim for invasion of privacy in plaintiffs' suit to eject them and recover possession of residential real property. The trial court sustained plaintiffs' preliminary objection to the invasion of privacy claim. To the extent defendants failed to plead a separate counterclaim with sufficient particularity, the court sustained plaintiffs' preliminary objection and allowed defendants to re-plead the claim.

  • Kalahari Resorts, LLC v. Kraemer Bros., LLC

    Publication Date: 2023-03-27
    Practice Area: Contractual Disputes
    Industry: Construction | Hospitality and Lodging
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 3976 CIVIL 2022

    Neither the gist of the action doctrine nor the economic loss doctrine required dismissal of a commercial property owner's negligence and other non-contractual claims against its architects, general contractor and subcontractors arising out of alleged construction and material defects in its facility's roofing system. The trial court overruled defendants' preliminary objections to plaintiff's complaint.

  • Bickar v. Konefal

    Publication Date: 2023-03-20
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 6155-CV-2020

    The court denied a parent's motion to relocate her minor child on the basis that the move was not in the best interest of the minor as outlined in 23 Pa.C.S.A. §5328(a) and that relocation factors as outlined in 23 Pa.C.S.A. §5337 (h) weighed in favor of denying the motion.

  • Miller v. Christine

    Publication Date: 2023-03-06
    Practice Area: Deals and Transactions
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 009997-CV-2019

    The trial court granted plaintiff's request for equitable partition of a motor home jointly owned with defendant. The trial court ordered the vehicle's sale, with the proceeds to be equally distributed between plaintiff and defendant.

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    Florida Construction Defect Litigation 2022

    Authors: Gary L. Brown

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  • Westminster Am. Ins. Co. v. Bond

    Publication Date: 2023-03-06
    Practice Area: Insurance Law
    Industry: Insurance | Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 161 CIVIL 2021

    Plaintiffs, a landlord and its insurer, could not maintain this subrogation action against the defendant tenants where the terms of both the commercial and residential leases at issue suggested that defendants were implied co-insureds on landlord's fire insurance policy. The court granted defendants' motion for summary judgment.

  • Brown v. Monroe County Tax Claim Bureau

    Publication Date: 2023-02-20
    Practice Area: Real Estate
    Industry: Real Estate | State and Local Government
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 5781 CV 2022

    The court granted plaintiff landowner's petition to set aside an upset tax sale on the grounds that the tax bureau failed to present any credible evidence that they complied with the notice and service requirements under 72 P.S. §§5850.602 and 5850.607a of the Real Estate Tax Sale Law.

  • Soulen v. Kungl

    Publication Date: 2023-02-20
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 5949 CIVIL 2021

    The court entered summary judgment in defendants' favor finding that although plaintiffs sought to expand the geographical area of an easement, plaintiffs improperly advanced their argument under the doctrine of boundary by consent, which, only applies to disputes regarding property boundaries rather than easements.

  • Ace v. Ace

    Publication Date: 2023-02-20
    Practice Area: Damages
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 6242 CIVIL 2020

    The court opined, based on standards set forth in 2021's Spencer v. Johnson, that the superior court would rule that joint and several liability applied to all defendants, without the limitations of the Fair Share Act, unless the plaintiff had some amount of contributory negligence. The court awarded plaintiff $345,866 in damages.

  • Dunlop v. Dunlop

    Publication Date: 2023-02-13
    Practice Area: Trusts and Estates
    Industry: Hospitality and Lodging
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1609 CIVIL 2021

    Defendant wife acted improperly when she sold a parcel of property owned by husband's company without authority to do so under a power of attorney, and was unjustly enriched by that unauthorized sale and retention of the proceeds for her own use. The court granted plaintiffs' motion for summary judgment.