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Publication Date: 2022-03-14
Practice Area: Personal Injury
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0211
Summary relief was not warranted in this dog-bite case given the material issues of fact regarding whether defendant had prior knowledge of his dog's alleged dangerous propensities, whether the minor plaintiff provoked the dog and whether defendant could have done anything to prevent the child from having contact with the dog. The court denied defendant's motion for summary relief.
Publication Date: 2022-03-14
Practice Area: Contracts
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0176
Plaintiff demonstrated the probable validity of his claim to rightful ownership of a dog he shared with an ex-girlfriend, who left the shared residence to enter an in-patient rehabilitation program and who also agreed by text message that plaintiff would retain their two dogs. The court granted plaintiff's request for a writ of replevin pending the final outcome of the lawsuit.
Publication Date: 2022-03-14
Practice Area: Trusts and Estates
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0203
While objectors did not oppose their deceased mother's husband retaining the rings she wore during her lifetime, they correctly claimed that the rings were part of mother's estate and that they were entitled to one-half of the value of the rings as per their intestate share of the estate where husband retained the rings to bury with mother's ashes. The court granted objectors relief.
Publication Date: 2022-03-07
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0151
The court held that a genuine issue of material fact existed relating to the existence of a specialist consultation policy at the defendant hospital. Motion for summary judgment denied.
Publication Date: 2022-03-07
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0150
The court held that plaintiff's complaint should be stricken for failing to attach a copy of the cardholder agreement that was in place when the defendant obtained his credit card. Also, the court found that plaintiff's attorney was permitted to provide a verification of the complaint because plaintiff's representative was not available at the time of filing. Preliminary objection granted and complaint dismissed; preliminary objection to complaint's verification denied.
Law Journal Press | Digital Book
Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE
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Publication Date: 2022-02-28
Practice Area: Landlord Tenant Law
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0144
The court held that the required notice to renew the lease was not given by defendant such that she did not have contractual right to remain in the apartment. Possession to plaintiff granted.
Publication Date: 2022-02-28
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0123
The court held that plaintiff was required to attach to its complaint proof of recording an assignment of the mortgage into the named plaintiff. Plaintiff's motion for summary judgment denied with leave to amend.
Publication Date: 2022-01-24
Practice Area: Land Use and Planning
Industry: Mining and Resources | Real Estate | State and Local Government
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1532
The Tobyhanna Township Zoning Hearing Board erred in allowing respondent to continue its soil stockpiling operations on property located in a residential district where the board did not draw any conclusions on whether a lawful non-conforming use existed. The court of common pleas reversed.
Publication Date: 2022-01-17
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1523
Plaintiffs established their ownership of a disputed three-foot strip of land at the edge of their parcel where they demonstrated the recognition and acquiescence of an agreed-upon boundary line with defendants' predecessors in interest and acquiescence by defendants, who took no affirmative steps to protect their claim to the disputed strip. The court found in favor of plaintiffs.
Publication Date: 2022-01-17
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1525
The court held that plaintiff's complaint, which alleged dates of care, places of care, identified several defendant providers by name and averred that certain agents of defendant hospital and medical group were unknown to plaintiff but known to defendants, possessed sufficient specificity to withstand defendants' preliminary objection. Additionally, plaintiff's claim of corporate negligence directed to defendant physician group and health network did not fail under Pa.R.Civ.P. 1028 (a)(4) because the allegations established that the
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