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Publication Date: 2024-06-28
Practice Area: Contracts
Industry: Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 007764-CV-2023
Plaintiff seller sued defendant buyer for ejectment from real property after a failed residential home sale. Following a non-jury trial, the court found in favor of plaintiff where defendant moved into the residence without permission despite expiration of the parties' "offer to purchase real estate" without a closing on the property.
Publication Date: 2024-06-21
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: 6731 CIVIL 2023
The court sustained defendant's preliminary objection to plaintiff's failure to attach sufficient account statements to its complaint but overruled defendant's objection that plaintiff did not attach a signed cardholder account agreement to its complaint.
Publication Date: 2024-06-21
Practice Area: Damages
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 2341 CV 2022
The court entered an award of negligence damages in favor of plaintiff after he suffered a dog attack and obtained default judgment against the dog's owners. Based upon evidence that included plaintiff's medical history and the opinion testimony of plaintiff's expert medical witness, the court awarded plaintiff some $500,000 for pain and suffering, loss of earnings or earning capacity, and future loss of earnings or earning capacity.
Publication Date: 2024-06-07
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: 001402-CV-2020
Plaintiff sought summary judgment in its action to eject defendant from a residential lot after a mortgage foreclosure. The court denied plaintiff's summary judgment motion where fact issues remained as to whether defendant occupied only the single lot identified and claimed by plaintiff, or instead resided upon multiple lots that might be joined and inseparable.
Publication Date: 2024-06-07
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 7907 CIVIL 2023
Defendant real estate brokerage and real estate agent filed preliminary objections to plaintiff homebuyers' amended complaint. The court overruled the preliminary objections, holding that defendants could not avoid plaintiffs' fraud and related claims at the preliminary objection stage where the crux of plaintiffs' claims was that all named defendants had conspired to conceal the deteriorated condition of the home that plaintiffs purchased.
Law Journal Press | Digital Book
Authors: Michael R. Griffinger, Paul F. Cullum III
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Publication Date: 2024-06-07
Practice Area: Premises Liability
Industry: Food and Beverage | Hospitality and Lodging | Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 807 CIVIL 2021
Defendants sought summary judgment in plaintiff's slip and fall premises liability case. The court denied defendants' summary judgment motions, concluding that fact issues existed regarding negligence and constructive notice on the part of the property owner and its landscaping company where the landscaper had piled snow on a paved parking area, potentially leading to melting and re-freezing that led to plaintiff's fall on a patch of black ice.
Publication Date: 2024-06-07
Practice Area: Premises Liability
Industry: Hospitality and Lodging
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 1500 CV 2022
Premises liability defendants filed preliminary objections, arguing plaintiff failed to make diligent efforts to serve his complaint, which was insufficiently specific for failing to plead separate claims against each defendant. The court denied defendants' preliminary objections, holding that plaintiff properly relied on a sheriff's affidavit of good service, and plaintiff was not required to plead separate counts where he alleged defendants were jointly liable for negligence on identical facts.
Publication Date: 2024-05-31
Practice Area: Real Estate
Industry: Construction
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 002094-CV-2022
The court conducted a non-jury trial in plaintiff homebuyer's action for fraud and related claims against defendant sellers. The court found in favor of plaintiff, holding that defendants, an experienced home renovation contractor and his company, violated the Real Estate Seller Disclosure Law and committed common law fraud by intentionally failing to disclose that the renovated home was previously uninhabitable due to widespread contamination from animal waste.
Publication Date: 2024-05-31
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 7069 CV 2023
Appellant challenged township's decision granting a conditional use in favor of a real property developer. The court held in pertinent part that township board did not err in granting the conditional use approval where it concluded the developer's proposed resort and shopping center, although physically separated, were sufficiently integrated with the use and character of township's overall resort overlay district development area.
Publication Date: 2024-05-24
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 6896 CV 2023
The court granted defendants' demurrer to deed reformation for mutual mistake.
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