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Publication Date: 2022-04-25
Practice Area: Civil Procedure
Industry: Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0350
The court dismissed defendant's affirmative defenses due to factual insufficiency, her breach of contract counterclaim because it did not reference the agreement that was breached, and the verification because it was not a handwritten signature. However, the court overruled plaintiff's objection to defendant's Uniform Planned Community Act claim, finding it factually sufficient. Objections sustained in part and denied in part.
Publication Date: 2022-04-11
Practice Area: Civil Procedure
Industry: Insurance
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0264
While venue was proper in Monroe County under Pa.R.Civ.P. 2179 because the defendant insurer regularly conducted business there, the court was required to give full force and effect to a forum selection clause stating that any suit against the insurer must be brought in the "county and state" of the insured's legal domicile, i.e. Lackawanna County. The court sustained defendant's preliminary objections.
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.
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.
Law Journal Press | Digital Book
Authors: Joseph S. Britton
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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: Contracts
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1486
The court held that the settlement agreement between the parties in a malicious prosecution suit contained terms that were agreed to by the parties, making the agreement valid and enforceable. Defendant's motion to enforce settlement agreement granted.
Publication Date: 2022-01-17
Practice Area: Landlord Tenant Law
Industry: Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1526
The court rejected plaintiffs' claim that defendant used a foreign court order to circumvent the judicial procedures mandated by the Landlord-Tenant Act and effectuate an illegal self-help eviction since the foreign court order, issued in a divorce proceeding, authorized defendant to possess, protect and sell the property at issue. The court denied plaintiffs relief in part.
Publication Date: 2022-01-17
Practice Area: Civil Procedure
Industry: Construction
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1528
Plaintiffs' allegations violated specificity requirements as the vague phrasing in the complaint did not apprise the moving defendant of the extent of plaintiffs' alleged damages, while other allegations failed to conform to Pa.R.Civ.P. 1020(a) because they did not differentiate between the many defendants named in the suit. The court sustained defendants' preliminary objection in part.
Publication Date: 2022-01-10
Practice Area: Contracts
Industry: Retail
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1480
Plaintiff could not maintain a breach of contract claim against defendants, who sold him two birds that died not long after purchase, because he did not comply with the terms of a health guarantee clause requiring him to notify defendants of any alleged changes in the birds' conditions within 72 hours of purchase. The court sustained defendants' preliminary objections in part.
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