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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.
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.
Law Journal Press | Digital Book
Authors: Michael R. Griffinger, Paul F. Cullum III
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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.
Publication Date: 2024-05-24
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking | Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 8086 CV 2023
The court denied defendant's receiver's preliminary objections to plaintiff's mortgage foreclosure complaint and ordered the receiver to file defendant's answer to the complaint.
Publication Date: 2024-05-24
Practice Area: Contractual Disputes
Industry: Construction
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 7714 CIVIL 2023
Plaintiff filed a preliminary objection to defendants' second amended answer and counterclaim. The court sustained the preliminary objection and struck defendants' counterclaim for unjust enrichment where defendants asserted that plaintiff was not entitled to any recovery, yet defendants admitted making payment to plaintiff for work performed and completed.
Publication Date: 2024-05-24
Practice Area: Dispute Resolution
Industry: Construction
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 2460 CV 2023
Defendant construction company filed preliminary objections to plaintiffs' complaint alleging failure to properly construct a prefabricated home on plaintiffs' property. The trial court sustained defendant's preliminary objection that the matter should go to binding arbitration under a contractual arbitration clause in the parties' written construction agreement. The court reasoned that the arbitration clause was not subject to the requirements of the Pennsylvania Home Improvement Act where the Act excluded construction of a new home
Publication Date: 2024-05-10
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 004957-CV-2015
Plaintiff sought partition of real property that she owned with defendant. The court ordered the property partitioned, calculated the amounts owed between the parties in light of credits based upon amounts paid and the property's fair rental value for pertinent periods, and set out proper disbursement amounts for any sale proceeds, depending upon the parties' intentions for the property's final disposition.
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