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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.
Publication Date: 2023-03-20
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Higgins
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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.
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.
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.
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.
Law Journal Press | Digital Book
Authors: Michael D. Malfitano
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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.
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.
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.
Publication Date: 2023-01-23
Practice Area: Contracts
Industry: Construction
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 6929 CIVIL 2021
Defendants did not deny in their answers to various discovery demands that the work they performed on a contract for a concrete foundation was defective, not suitable for its intended purpose and not up to industry standards; therefore, the record was sufficient to demonstrate a breach of contract. The court granted plaintiff's motion for partial summary judgment.
Publication Date: 2023-01-09
Practice Area: Landlord Tenant Law
Industry: Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 5481 CIVIL 2021
The court granted plaintiff landlord's motion to dismiss in an ejectment action finding that plaintiff provided evidence that a notice to quit was served on defendants in accordance with the lease terms and defendants subsequently failed to vacate the property. Although defendants argued that there was an oral agreement between the parties that defendants would eventually purchase the property, the court explained that pursuant to the Statute of Frauds, an oral promise for the sale of real property is unenforceable.
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