| 224 JEFFERSON STREET CONDOMINIUM ASSOCIATION v. EMANUEL G. PAIGE, SR. |
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This appeal requires us to consider whether N.J.S.A. 2A:18- 61.1(l)(2) (subsection 2) of the Anti-Eviction Act, N.J.S.A. 2A:18-61.1 to -61.12 (the Act), requires the owner of less than three condominium units to provide three years notice to evict a tenant upon sale of the unit absent a formal lease notice provision as required by N.J.S.A. 2A:18-61.9 (section 61.9). The trial judge, relying in par... More... $0 (01-10-2002 - NJ) |
| Woodside Village condominium Association, Inc. |
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We have for review Woodside Village Condominium Ass’n, Inc. v. Jahren, 754 So. 2d 831 (Fla. 2d DCA 2000), which expressly and directly conflicts with White Egret Condominium, Inc. v. Franklin, 379 So. 2d 346 (Fla. 1979), Flagler Federal Savings & Loan Ass’n v. Crestview Towers Condominium Ass’n, Inc., 595 So. 2d 198 (Fla. 3d DCA 1992), and Seagate Condominium Ass’n, Inc... More... $0 (01-03-2002 - FL) |
| Sylvia Cruz, et al. v. Town of Cicero, Illinois |
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Armando Gonzalez, Michael Adams, and Victor Satas were in the business of condominium conversions in Cicero, Illinois. In 1999, they suddenly encountered obstacles thrown in their path by the Town of Cicero. They believed that Cicero, through its president Betty Loren- Maltese, was applying the laws to them in an unconstitutional manner. Together with a number of other people, they sued ... More... $402000 (12-19-2001 - IL) |
| Portell International Realty, Inc., et al. v. Marc Johnson and Randi Jacobson |
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This is an appeal from a temporary injunction which precludes the transfer of real estate pending the adjudication of the underlying lawsuit which seeks to impose a constructive trust. We conclude that the temporary injunction should not have been entered and reverse it. I. Defendant-appellant Mary Ann Portell is a real estate broker who represented Marc and Randi Jacobson ("clients") in... More... $0 (12-12-2001 - FL) |
| Mansion Hills Condominium Association v. American Family Mutual Insurance Company |
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Mansion Hills Condominium Association ("Mansion Hills") appeals the trial court's judgment entered in favor of its insurer, American Family Mutual Insurance Company ("American Family"), on its claim for coverage under the employee dishonesty provisions of its business and property insurance policy. The issue on appeal is whether the office manager who embezzled funds from Mansion Hills was the emp... More... $0 (12-04-2001 - MO) |
| Geraldine L. Rendler v. Corus Bank, N.A. |
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In 1995, Geraldine Rendler applied to Corus Bank to finance the purchase of a condominium and received both an adjustable rate note secured by a first mortgage and a home equity line of credit secured by a second mortgage under Corus Bank's 80/20 loan program. Rendler subsequently sued Corus Bank under the Truth in Lending Act ("TILA"), alleging that the bank violated the Act by issuing ... More... $0 (12-03-2001 - IL) |
| Ronald J. Dechant v. Saaman Corporation |
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Saaman Corporation appeals from the circuit court's judgment in favor of Ronald J. DeChant. Seller contends the circuit court's judgment is not supported by substantial evidence and is against the weight of the evidence. Because we find the circuit court's judgment is not supported by substantial evidence and is against the weight of the evidence, we reverse. Seller is a Missouri corporatio... More... $0 (11-27-2001 - MO) |
| Nylund v. Carson City |
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This case arises from the 1996-1997 winter flood in Carson City, Nevada. Attempting to control the flood, Carson City decided to channel the waters down East Fifth Street. Some of the water overflowed from the city’s storm drainage system and flooded Terry and Mary Ann Nylund's condominium. The Nylunds sued Carson City, alleging, among other things, that the city was negligent in its handlin... More... $0 (11-21-2001 - NV) |
| J. Sourini Painting, Inc., et al. v. Johnson Painting, Inc. |
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On review of this appeal and cross-appeal, we conclude that the trial court's findings and legal conclusions are contradictory and cannot be reconciled. Therefore, we vacate the final judgment and postjudgment order and remand for a new trial on all issues. Background and Litigation in Circuit Court On December 23, 1993, Centex Rooney Construction Co., a general contractor, subcontracted ... More... $86321 (11-21-2001 - FL) |
| Bahram Aghili and Rafii Mitra v. John R. Banks Jr., Tanglewilde South Section II Owners Association, Inc., et al. |
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This is an appeal from a lawsuit filed by appellants to set aside the non-judicial foreclosure of their homes by their condominium owners' association. On cross-motions for summary judgment, the trial court granted summary judgment against appellants and denied their own motion for partial summary judgment. In five issues, appellants contend that the trial court erred (1) in affirming non-judic... More... $0 (11-21-2001 - TX) |
| The Board of Manager of the Village of Centre Condominium Association, Inc. v. Wilmette Partners, et al. |
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At issue in this case are the requirements for a valid waiver of the implied warranty of habitability. The plaintiff, the Board of Managers of the Village Centre Condominium Association, Inc. (the Board), as representative of the owners of condominium units in relation to matters involving common elements, filed a one-count complaint in the circuit court of Cook County against defendants, Wilmette... More... $0 (11-21-2001 - IL) |
| Ara Yardum v. Andrew Scalese, et al. |
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Ara Yardum ("Appellant") sued Andrew Scalese ("Appellee") for trespass, private nuisance, and negligence in connection with renovations to Appellee's condominium unit that Appellant alleges infringed upon the quiet enjoyment of his condominium unit that is located directly below the Appellee's. The trial court granted final summary judgment in favor of the Appellee from which the Appellant now app... More... $0 (11-14-2001 - FL) |
| Clarice Neumann v. Villiage of Winnipesaukee Time Share Owners' Association, Inc. |
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The plaintiff, Clarice Neumann, appeals the Trial Court’s (Smukler, J.) rulings in her equity action challenging the voting practices of the defendant, Village of Winnipesaukee Timeshare Owners’ Association, Inc. (VWTOA). We affirm. The following facts were either found by the trial court to be undisputed for purposes of the parties’ cross-motions for summary judgment, or are s... More... $0 (10-29-2001 - NH) |
| J. Elise SHELTON v. STANDARD/700 ASSOCIATES, A Louisiana Joint Venture Standard/700 Associates, Inc., Smith, Bright & Standard, L.L.C. and Baker Group Associates, Inc. |
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This writ concerns whether the sellers of a condominium were properly granted summary judgment against the buyer, where the buyer alleged fraud in the inducement of a contract of sale waiving all warranties and rights to sue in redhibition. Finding that there is an absence of factual support to show fraud, which is essential to the buyer’s claim, we affirm. FACTS AND PROCEDURAL HISTO... More... $0 (10-16-2001 - LA) |
| The Glen, Section I Condominium Association v. John H. June |
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Plaintiff, The Glen, Section I, Condominium Association (Association), which sued defendant, John H. June, Jr., for $9925, appeals from a judgment of the Law Division, Somerset County, signed September 1, 2000, which found that it owed June $5.80. That part of the same order which directed the Association to remove a lolly column placed directly in front of June's garage on September 1, 2000, or s... More... $0 (10-12-2001 - NJ) |
| Maxwell Jay Gruber, Sr., etc. v. Kopf Builders, Inc. et al. |
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This appeal arises out of a wrongful death action, filed for a second time pursuant to Ohio's Savings Statute, R.C. 2305.19. Plaintiff-appellant, Maxwell Jay Gruber, Sr. ("appellant") individually and as the administrator of the estate of his son, Maxwell Gruber, a minor, deceased, filed a predecessor case, Trial Court No. 324049 ("Gruber I") and the within action ("Gruber II"). Prior to ... More... $0 (10-01-2001 - OH) |
| Edwin Rector v. Approved Federal Savings Bank |
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In this case of first impression, we must decide whether the 21-day "safe harbor" provision of Fed. R. Civ. P. 11 is a non-waivable rule of jurisdiction. We hold that it is not a jurisdictional rule and affirm the district court's assessment of sanctions. I. On April 9, 1999, Virginia attorney Edwin Rector ( "Rector"), per- sonally and as trustee for the Edwin Rector 1995 Charitabl... More... $0 (09-11-2001 - VA) |
| Bernard Dreiblatt, et al. v. St. Paul Fire and Marine Insurance Co. |
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The Shipway Place Condominium suffered extensive roof damage which appellants attribute to a particularly heavy snowstorm that fell in the Boston area on April 1, 1997. Appellee St. Paul Fire and Marine Insurance Company denied coverage after concluding that: (i) no "collapse" had occurred, as required by the insurance policy; and (ii) any collapse that did occur was not caused by the heavy snow, ... More... $0 (09-10-2001 - MA) |
| Alan Schaffner v. 514 West Grant Place Condominium Association, Inc. |
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Three into two don't go -- not when the three are the only unit owners in a condominium apartment building and the two are outside parking spaces that are part of the development but are not mentioned in the Declaration of Condominium Ownership. The inevitable happened. One owner, a latecomer to the building, sued the other two owners who had staked claims to the two spaces by voting to amen... More... $0 (08-29-2001 - IL) |
| Carol Collins v. Colonial Penn Insurance Company, et al. |
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This case requires that we address the manner in which a trial court treats an uninsured motor-ist settlement in relation to a subsequent award of dam-ages by a jury for a single indivisible injury by joint tortfeasors. The plaintiff, Carol Collins, was injured in a multicar accident, and brought an action against the defendants, Raymond A. Sardinas and Raymond D. Sar-dinas, 1 and her unins... More... $0 (08-28-2001 - CT) |
| Lisa J. Girden v. Sandals International |
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Plaintiff Lisa J. Girden appeals from a judgment entered on February 22, 2000 in the United States District Court for the Southern District of New York (Knapp, J.), dismissing her complaint following an unfavorable jury verdict. In her complaint plaintiff alleged she was sexually assaulted by a hotel employee, defendant David Titus, while on vacation at a Caribbean resort owned and operated by def... More... $0 (08-26-2001 - NY) |
| Bahram Aghili and Mitra Fafii v. John R. Banks Jr., Tanglewilde South Section II Owners Association, Inc., and Association |
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Appellants, Bahram Aghili and Mitra Rafii, appeal a summary judgment granted against them in a lawsuit they brought to set aside the non-judicial foreclosure of their homes by their condominium owners’ association. Although they bring five issues, we address only one: whether the trial court erred in admitting as evidence the affidavit of the lawyer who conducted the non-judicial foreclo... More... $0 (08-23-2001 - TX) |
| D. Clarence Unrau, et al. v. Kidron Bethel Retirement Services, Inc. |
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Five condominium owners (Owners) brought an action against a condominium developer corporation and operator corporation seeking revision of condominium declarations, bylaws, and related documents. On appeal, Owners argue (1) that past acts of the illegally constituted board of directors of Kidron Bethel Condominium, Inc. (Association) were unlawful and invalid; (2) that persons who are not condomi... More... $0 (07-13-2001 - KS) |
| Ronnie Fields v. Housing Authority of the City of Stamford |
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The plaintiff, Ronnie Fields, appeals from the summary judgment rendered in favor of the defendant, the housing authority of the city of Stamford (housing authority), for failure to give notice in accordance with General Statutes § 8-67. On appeal, the plaintiff claims that the trial court improperly granted the defendant’s motion for summary judgment on the basis of his noncompliance... More... $0 (06-05-2001 - CT) |
| Wolfeboro Neck Property Owners v. Town of Wolfeboro |
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The plaintiffs, the Wolfeboro Neck Property Owners Association, an incorporated association of property owners in a Wolfeboro subdivision known as Embassy Estates, together with Bruce C. Beck, an individual property owner in that subdivision, appeal an order of the Superior Court (Fauver, J.) denying their petition to lay out two roads within the subdivision. We reverse and remand. Wolfebor... More... $0 (06-01-2001 - NH) |
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