Condominium Law
 
Joyce Aldrich & others, trustees vs. ADD Inc.

Condominium Trust (trust), brought this action against ADD Inc., an architectural firm (architect), to recover damages for the negligent design of the Seal Harbor III Condominium (condominium). The architect moved for summary judgment on the ground that the plaintiffs' claim was barred by the economic loss rule. A judge in the Superior Court denied that motion. A second judge granted the archit... More...   $0 (06-21-2002 - MA)

Emanuel Steward, et al. v. Angel Panek, et al.

On November 13, 1980, plaintiffs Emanuel and Marie Steward (Stewards) entered into a “reservation and subscription agreement” with defendant Henry Panek Investments, Inc., in which the Stewards agreed to pay $38,000 for a condominium unit on West Outer Drive in Detroit.1 According to the terms of the reservation and subscription agreement (agreement), the Stewards agreed to pay a $... More...   $0 (06-06-2002 - MI)

Emma P. Polk, et al. v. Linda St. Angelo, et al.

Linda St. Angelo ("St. Angelo") prevailed on claims of negligence and negligent misrepresentation regarding her purchase of a condominium against Emma P. Polk ("Polk"), the seller's real estate agent, and S.G. Billings Real Estate ("Billings"), Polk's employer. Because the value of settlements St. Angelo made with other parties exceeded the jury's actual award, the trial court ordered that, as to ... More...   $0 (05-31-2002 - TX)

Garcia v. Gutierrez

Plaintiffs William and Anita Garcia settled a personal injury action with defendant Barbara Gutierrez's insurance company for injuries William and their daughter Krista sustained in a car accident. Thereafter, the Garcias' insurance carrier, Country Companies, intervened to protect its subrogation rights. The trial court determined that Country Companies had no subrogation rights as to Krista's re... More...   $5000 (05-29-2002 - IL)

Wellington v. Parsons

On November 6, 1997, Appellee-Plaintiff, Daniel Parsons (Parsons), a mail carrier for the United States Postal Service, delivered mail to a condominium development known as Wellington Commons. Wellington Commons is owned by Wellington Green Homeowners' Association. Under a management agreement with Wellington Green Homeowners' Association, Kirkpatrick Management Company is the property manager for... More...   $0 (05-29-2002 - IN)

Warwick Condominium Association v. Royal Indemnity Company

This case involved interior and exterior damage to walls of a condominium wherein plaintiff claims damage was caused by a storm.... More...   $0 (05-27-2002 - NJ)

Adriana Schreiner v. Scott Holland

Adriana Schreiner appeals an order denying her motion for relief from judgment. We reverse. * * * Plaintiff-appellee Scott Holland filed an action against Charles Schreiner and Le Cabaret of South Beach, L.L.C., to collect a debt. Subsequently he amended the complaint to add Adriana Schreiner, Charles Schreiner’s wife, as a defendant. He alleged that there had been a fraudulent conveyanc... More...   $0 (05-21-2002 - FL)

Florence Krondes, et al. v. William O'Boy, Sr., et al.

The defendants William O’Boy, Sr., and his wife, Carmela B. O’Boy, appeal, and the plaintiff Florence Krondes1 cross appeals from the judgment of the trial court, rendered after a jury trial, awarding damages to the plaintiff. On appeal, the defendants2 argue that the court improperly refused to set aside the verdict because the automatic stay pursuant to 11 U.S.C. § 362 voided ... More...   $0 (05-21-2002 - CT)

Meghan Coves Association, Inc. v. Meghan Coves Property, Inc.

¶1 Meghan Coves is a unit ownership estate development. The Declaration of Unit ownership for Meghan Coves Condominium Estates was filed in 1983. At the time of this lawsuit, about 78 of the planned 179 condominium units had been built and were owned by third parties. Plaintiff Meghan Coves Association, Inc. (Association) denied membership in the Association to Defendant Meghan Coves Property, In... More...   $0 (05-16-2002 - OK)

Granada Board of Managers, et al. v. Antoi

Antoine Coffer (Appellant) appeals from the trial court's judgment in favor of Repair Unlimited, Inc. (Respondent) in a breach of contract action arising from repairs performed by Respondent to Appellant's condominium unit. We dismiss the appeal on the grounds that the record on appeal is insufficient because Appellant failed to file a transcript of the trial with this Court under Supreme Court Ru... More...   $0 (04-30-2002 - MO)

Meghan Cover Association, Inc. v. Meghan Coves Property, Inc., et al.

1 Meghan Coves is a unit ownership estate development. The Declaration of Unit ownership for Meghan Coves Condominium Estates was filed in 1983. At the time of this lawsuit, about 78 of the planned 179 condominium units had been built and were owned by third parties. Plaintiff Meghan Coves Association, Inc. (Association) denied membership in the Association to Defendant Meghan Coves Property, Inc.... More...   $0 (04-19-2002 - OK)

Kenneth L. Baxter v. Deputy Richard Johnson, Deputy Brian Swinford and Marion County Sheriff's Office

Mentally disable man claimed that a Marion County Sheriffs deputies falsely arrested and mistreated him. On October 28, 1999, Mr. Baxter was locked outside the condominium in the 2900 block of Eagle's Crest Circle that he shared with his ill mother. Neighbors, who did not know Baxter, called the police because of Baxter's pacing back and forth in front of the apartment. Mr. Baxter's mother, who ... More...   $3000000 (04-19-2002 - IN)

Diane Marsico, et al. v. Francis Diileo

1 Diane Marsico appeals the judgment entered on January 26, 2001 by the Court of Common Pleas of Lackawanna County. In this case we are called upon to determine whether Section 3321 of the Motor Vehicle Code pertaining to vehicle right-of-ways applies to vehicles traveling in parking lots. For the reasons that follow, we conclude that it does not, and we vacate and remand this matter for a n... More...   $0 (04-09-2002 - PA)

Sally Maloney v. PCRE, LLC, et al.

The present appeals follow a breach of contract action tried before the trial court. The defendants, PCRE, LLC (PCRE), and Real Estate Connecticut, Inc. (Real Estate Connecticut), both doing business as Pru-dential Connecticut Realty, appeal from the judgment rendered in favor of the plaintiff, Sally Maloney. The defendants claim that the court improperly (1) con-cluded that they had agreed... More...   $0 (03-26-2002 - CT)

Dennis Rafferty and Eugenia Rafferty v. Noto Brothers Construction, L.L.C., et al.

The defendants, Noto Brothers Construction, LLC, and Anthony Noto and Heidi Noto, appeal from the order of the trial court granting the application for a prejudgment remedy filed by the plaintiffs, Dennis Rafferty and Eugenia Rafferty. The defendants claim that the court improperly (1) permitted the plaintiffs to proceed on an application for a prejudgment remedy that failed to comply with ... More...   $0 (03-25-2002 - CT)

Plaintiff Joseph Dare was injured in a skydiving accident when he attempted to avoid colliding with defendant Eric Keith Johnson, a co-participant in the jump.See footnote 11 Prior to the jump, plaintiff signed a release/waiver agreement with the operator of the skydiving facility, defendant Freefall Adventures, Inc. (Freefall), under which plaintiff released Freefall from any claims for injuries ... More...   $0 (03-21-2002 - NJ)

Westside Dixon Associates LLC v. Utah Power & Light Company/PacifiCorp, Utah Public Service Commission

1 This case arises from the installation of a master meter for the provision of electric service by petitioner Westside Dixon Associates, L.L.C. (Westside) to its condominium units in the Broadway Lofts Building (Broadway Lofts). Westside challenges the determination of the Utah Public Service Commission (the PSC) that it was prohibited from installing a master meter under Utah Admin. Code Rule 74... More...   $0 (03-19-2002 - UT)

Cam Construction v. Lake Edgewood Condominium Association

We granted leave to consider whether a party may appeal an adverse summary disposition judgment on one count of a multicount action after accepting a case evaluation rendered under MCR 2.403. The plain language of MCR 2.403(M)(1) provides that a party's acceptance of a case evaluation disposes of "all claims in the action." We conclude, therefore, that, upon acceptance of a case evaluation u... More...   $5400 (03-12-2002 - MI)

Miguel Garcia and Bette Garcia v. Crescent Plaza Condominium Association, Inc.

Miguel and Bette Garcia, condominium owners, appeal a final summary judgment in favor of the Crescent Plaza Condominium Association, Inc. (the Association). We conclude that the trial court erred in deciding this case by summary judgment because genuine issues of material fact exist, and therefore, we reverse.

Crescent Plaza is a commercial condominium operating as a retail strip center. T... More...   $0 (03-08-2002 - FL)

Swire Pacific Holdings, Inc. v. Zurich Insurance Company

This diversity case involves an insurance coverage dispute between Swire Pacific Holdings, the owner and developer of a high-rise condominium in Florida, and Zurich American Insurance Company as successor in interest to Zurich Insurance Company, under a Builder's Risk Policy. Swire sued Zurich seeking to recover under the policy the costs it had incurred in correcting design defects in the condomi... More...   $0 (03-08-2002 - FL)

Carrollsburg v. Anderson

In Taylor v. Eureka Inv. Corp., 482 A.2d 354 (D.C. 1984), we held that the owners of town house units in Carrollsburg Square, in the Southwest section of the District of Columbia ("Carrollsburg Square owners" or "appellees"), who maintained that they had a right to park without charge in an underground garage in the nearby Carrollsburg high-rise apartment building condominium ("Carrollsburg Co... More...   $0 (02-14-2002 - DC)

Resolution Trust Corporation v. Key Financial Services, Inc.

This case involves a protracted dispute over a portfolio of loans sold by defendant-appellant, Key Financial Services, Inc. to plaintiff-appellee, Home Owners Savings Bank. Key appeals from a series of adverse rulings by the district court, culminating in a court order that Key pay approximately $8.5 million in restitution damages and interest.

* * *

In 1988, Key sold its interest in 335 firs... More...   $8509610 (02-12-2002 - MA)

Justyna Brysiak Clipper v. Bay Oaks Condominium Association, Inc., et al.

Justyna Clipper challenges the circuit court's award of attorney's fees to Bay Oaks Condominium Association and Midnight Pass Properties after they prevailed in her suit against them. The fees were awarded on two bases: a proposal for settlement and a contractual provision in the Bay Oaks Declaration of Condominium. We reverse the fee award based on the proposal for settlement. We also reverse ... More...   $0 (02-08-2002 - FL)

Bradley B. Davis v. Metuchen Gardens Condominium Association

Plaintiff Bradley B. Davis appeals from a judgment entered in favor of defendant Metuchen Gardens Condominium Association (Association). After reviewing the record in light of the contentions advanced on appeal, we affirm.

Metuchen Gardens is a sixty-four-unit residential condominium located in Metuchen, New Jersey. Defendant Association is the governing body for the complex. The buildings are ... More...   $0 (02-05-2002 - NJ)

Northwoods Condominium Owners’ Association v. Christopher Arnold

A homeowners' association, Northwoods Condominium Owners' Association (the "Association"), filed suit on October 11, 2000, in the court of common pleas, seeking preliminary and permanent injunctive relief against owner-occupier and defendant, Christopher Arnold. The Association demanded that Arnold remove two cats and any other pets from his condominium unit; additionally, the Association praye... More...   $0 (01-17-2002 - OH)

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