• Knights v. Terrapin Bus Station, LLC

    Publication Date: 2022-08-08
    Practice Area: Personal Injury
    Industry: State and Local Government | Transportation
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0846

    Court denied motion for summary judgment in a slip and fall case brought against a bus company and Mt. Pocono Borough. Although the borough argued there was no issue of a genuine issue of material fact as they were not on notice of the defective condition and were not the owners of the property, they failed to attach any evidence to their motion proving who was the owner of the property in question. Given that the court could not determine this information from what was in the record, the court denied the motion for summary judgment.

  • Citibank, N.A. v. Lennon

    Publication Date: 2022-08-01
    Practice Area: Contracts
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0781

    The plaintiff bank satisfied its burden of proof on a breach of contract claim with convincing evidence that defendant sought and obtained a credit card and used that card to make purchases, incurring debt of over $9,000, but failed to make payment on the debt without explaining the default. The court entered judgment for plaintiff and against defendant.

  • Salvato v. Tax Claim Bureau of Monroe County

    Publication Date: 2022-08-01
    Practice Area: Tax
    Industry: Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0783

    The Monroe County Tax Claim Bureau's notice of return and claim, which satisfied all the requirements of §308(a) of the Real Estate Tax Law, was properly served on petitioner as there was no requirement that the notice of return and claim be sent by a mail service type that required a signature. The court denied a petition to set aside the upset tax sale.

  • TD Bank USA, N.A. v. Rey

    Publication Date: 2022-08-01
    Practice Area: Civil Appeals
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0789

    Court denied plaintiff's motion to reinstate appeal where plaintiff failed to provide timely service of the notice and proof of service. While the court noted that under normal circumstances, they could use their discretion to waive the issue should counsel show compelling cause, the court explained plaintiff provided no reason, let alone a good cause, for why the documents were not timely served.

  • Estate of Vogeli v. O'Connor

    Publication Date: 2022-06-27
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0661

    Plaintiff, an executor of his late friend's estate and the estate filed a motion to assess damages after being awarded a default judgment on a suit alleging undue influence, fraud, misrepresentation, and other grounds for relief. Specifically, the allegations all claimed that defendant, the decedent's caregiver, took financial advantage of the decedent, a wealthy man who was both blind and immobile in the last few years of his life. After obtaining the default judgment, plaintiff then filed a motion to assess damages and defendant rep

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  • Martinez v. Swain

    Publication Date: 2022-06-27
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0657

    Given Pennsylvania's Comparative Negligence Act, plaintiff was not barred from pursuing this negligence suit even if she was negligent, and her case raised genuine issues of material fact regarding whether a fellow pedestrian's hand gesture was a legal cause of her injuries. The court denied defendants' motion for summary judgment.

  • 833 Cass St. LLC v. Nyack

    Publication Date: 2022-06-27
    Practice Area: Contractual Disputes
    Industry: Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0655

    Following a bench trial on damages after entry of default judgment against all defendants, the court awarded cost to repair damages and incidental damages. The court specifically noted that cost to repair damages were appropriate because the cost of repair damages did not exceed the value of the property at the time prior to when the damages took place.

  • Lynnwood Acres LLC v. Harris

    Publication Date: 2022-05-30
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0494

    Defendant "abandoned" her mobile home, as defined by the Manufactured Home Community Rights Act, where she was absent from the home for more than 30 days and had not paid rent since a judgment was entered against her while also becoming delinquent on real estate taxes and water and sewer service charges. The court granted plaintiff's statement of objection.

  • Schryver v. Twp. of Smithfield

    Publication Date: 2022-05-30
    Practice Area: Expert Witnesses
    Industry: Real Estate | State and Local Government
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0495

    The court refused to bar plaintiffs' expert's testimony absent good reason to believe that an expert was necessary to draw a causal conclusion from expert testimony that upslope development caused damage to plaintiffs' property and lay witness testimony that the defendant conducted activities impacting storm water runoff. The court denied in part defendant's motion to exclude expert testimony.

  • Am. Express v. Hirsch

    Publication Date: 2022-05-23
    Practice Area: Contracts
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0468

    A pro se litigant's answer constituted a general denial, which functioned as an admission of the complaint allegations. Plaintiff was entitled to judgment on the pleadings as a matter of law.