• Coello v. Fitzgerald

    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.

  • Jackson v. St. Luke's Hosp.-Monroe Campus

    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.

  • Discover Bank v. Powers

    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.

  • Tobyhanna Twp. v. Tobyhanna Twp. Zoning Hearing Bd.

    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.

  • Castaldo v. Dohn

    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.

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  • Teeple v. Leck

    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.

  • Kalinina v. Lewand

    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.

  • Sharpless v. Edgar Quality Homes

    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.

  • Almadani v. Temple

    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.

  • Castellano v. Delgiorno

    Publication Date: 2022-01-03
    Practice Area: Damages
    Industry: Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1423

    The court, in this negligence action, denied defendant's preliminary objection to plaintiffs' claim for punitive damages and damages associated with record retrieval from plaintiffs' home that was destroyed by a fire allegedly caused by the negligence of defendants. However, the court sustained defendant's objections to plaintiffs' request for damages associated with a fire investigation and legal fees incurred in the purchase of the home.