Condominium Law
 
Claudette J. Narcisoco v. Paul R. Brown, et al.

The defendants 1 appeal from the judgment of the trial court in favor of the plaintiff on her two count complaint. We affirm the judgment of the trial court with the exception of the $625 in attorney’s fees that the court awarded to the plaintiff on the first count of her complaint.

The following facts are relevant to this appeal. The plaintiff, an attorney, brought this collection... More...   $14078 (05-29-2001 - CT)

Knolls Condominium Assocation v. Robert L. Czerwinski

Plaintiff, Knolls Condominium Association, appeals from the trial court's sua sponte order dismissing plaintiff's complaint against defendant, Robert L. Czerwinski. We reverse and remand.

On October 18, 1999, plaintiff filed a complaint in forcible entry and detainer against defendant. The complaint alleges that plaintiff is entitled to possession of a certain condominium unit, defendant has... More...   $0 (05-10-2001 - IL)

Sye A. Austin and Mary Ann Decelle Austin as Co- Personal Representatives if the Estate of Noah Alexander Logan Austin vs. Les Chateaux of Jacksonville Inc.

Premises liability - failure to operate apartment complex pool in accordance with municipal ordiances with resulting death of two-year-old Noah Austin. Defendant Les Chateaux, Inc., a condominium complex, failed to maintain a proper fence around the condominium pool. The fence was bent, broken, and missing in enormous places. The Defendant had been warned on several prior occasions of the conditi... More...   $2100000 (04-10-2001 - FL)

Shawn Choate v. County of Orange

The underlying incident took place in the early morning hours of October 13, 1991, when plaintiffs Shawn Choate and Jose Bernal admittedly “provoked” some off-duty sheriff’s deputies into a “street fight.”

Choate, then 19 years old, and Bernal, age 20, passed the evening drinking and partying with a third friend, 17-year-old Albert Valladares, a member of the ... More...   $0 (01-17-2001 - CA)

Shawn Choate v. County of Orange

The underlying incident took place in the early morning hours of October 13, 1991, when plaintiffs Shawn Choate and Jose Bernal admittedly “provoked” some off-duty sheriff’s deputies into a “street fight.”

Choate, then 19 years old, and Bernal, age 20, passed the evening drinking and partying with a third friend, 17-year-old Albert Valladares, a member of the ... More...   $0 (01-17-2001 - CA)

Denny J. Beroiz, et al. v. Tony Wahl, et al.

In a defamation action by appellants Denny J. Berioz, Robert Delmer, and Samuel T. Rees, the trial court granted motions for summary judgment by defendants and respondents Elena Gladys Alamo Janine, Therese Marian, and Tony Wahl. We affirm.

RELEVANT FACTUAL AND PROCEDURAL BACKGROUND

On July 17, 1997, appellants filed their complaint against respondents, as well as Charlotte Boddeker, ... More...   $0 (10-30-2000 - CA)

Pershing Park Villas v. United Pacific Ins.

Reliance Insurance Company appeals a judgment entered on a multimillion-dollar jury verdict. The jury found that Reliance acted in bad faith when it withdrew its defense of insured real estate developers in a construction-defect suit brought by a homeowners' association, and refused to pay the resulting default judgment. We reverse the judgment inas- much as it permitted the homeowners to rec... More...   $0 (07-10-2000 - CA)

W. M. Riddick v. Quail Harbor Condominium Association, Inc.

Deceptive Trade Practices Act claim - Riddick purchased unit 1005, a one-story condominium from Quail Harbor in 1987. The slab foundation of Riddick's condominium rests on a clay and loam soil that expands when it's wet and shrinks when it's dry. The shifting soil caused the foundation to move, and the resulting movement of the foundation caused cracks in the interior and exterior walls of Riddick... More...   $22559 (10-28-1999 - TX)

Barbara Thornbury and Bob Thornbury v. Jack C. Allen

Negligence - Premises Liability - Thornbury was injured when a glass shelf fell on her foot while she was supervising the cleaning of Allen's condominium at Beaver Run. It is undisputed that Allen rented out the property and that it was not his private residence. Thornbury received workers' compensation benefits for the in... More...   $74058 (10-28-1999 - CO)

Gertrude M. Lamden v. La Jolla Shores Clubdominium Home Owners Association

Declaratory and Injunctive Relief - Breach of Contract - Breach of Fiduciary Duty - Negligence - Plaintiff Gertrude M. Lamden owns a condominium unit in one of three buildings comprising the La Jolla Shores Clubdominium condominium development. Over some years, the Board of Governors of defendant La Jolla Shores Clubdominium Homeowners Association, an unincorporated community association, electe... More...   $0 (08-09-1999 - CA)

MELVIN BERNER AND NATHAN MURRAY v. THE ENCLAVE CONDOMINIUM ASSOCIATION, INC., SAMUEL DAVIS, AND HOWARD OZEROFF, AND FRANK CHECCHIA, JULIE ESSEY, AND NICK GOMEZ v. GRACE KNUPP REALTY, INC., AND JOAN CONOVER

Plaintiff, Melvin Berner , a Caucasian condominium owner, alleged in this Law Against Discrimination litigation that he was not permitted to lease his unit to plaintiff Nathan Murray, an African-American, by defendant Enclave Condominium Association (Enclave). The thrust of their ensuing lawsuit was that Enclave rejected Murray as a tenant because of his race. ... More...   $0 (06-14-1999 - NJ)

Mountain View Condominium Association v. Maria P. Bomersbach

In 1988, Bomersbach, who owns a condominium at Mountain View, stopped paying her monthly assessment to the Association due to a dispute with the Association. Pursuant to the "Declaration of Condominium of Mountain View" (Declaration), all condominium owners are required to pay a monthly assessment to the Association to help pay for such things as landscaping and security, and is entitled to recove... More...   $3831 (05-20-1999 - PA)

COUNCIL OF UNIT OWNERS OF BENTLEY PLACE CONDOMINIUM v. THE MILTON COMPANY ET AL.

This building construction case involves the Bentley Place Condominium (the Condominium), a complex consisting of 240 residential units in 20 two-story buildings located on approximately 14.2 acres in Montgomery County, Maryland. Bentley Place was built in phases. The first sales of units were on January 31, 1987, and sales to original purchasers continued through July 24, 1991. By a letter dated ... More...   $6682052 (05-18-1999 - MD)

Mulato v. Mulato

George and Isabelle Mulato were married for over fifty years. They had two children, Dorothy and Edward. In 1977, George and Isabelle each executed their last will and testament. Each left his or her entire estate to the other, and if the other did not survive, in equal shares to Dorothy and Edward. Shortly thereafter, George died. Since the vast majority of the couple's assets were b... More...   $0 (05-12-1999 - FL)

Amie Elizabeth Padgett, etc. v. Abaraham Lipsky and King’s Trasportation Group, Inc., etc.

Amie Padgett sued taxi cab driver and company for the wrongful death of Charles Padgett. During the late evening of March 6, 1994, Padgett and a friend, Sandra Guest, went to a bar in Daytona Beach after spending the day together. They departed the bar in the early morning and a cab was called for them. Padgett was visibly intoxicated and Guest testified that her faculties were impaired to some ex... More...   $0 (05-05-1999 - FL)

Hartstene Pointe Maintenance Association v. John E. Diehl

Condominium By-Laws Violation - Hartstene Pointe is a 530-lot community formed by a subsidiary of the Weyerhaeuser Corporation on Hartstene Island in Mason County. Lots in the community are subject to restrictive "Covenants, Conditions, and Restrictions" (CC&Rs), whose purpose is "to protect the value and desirability of the aforesaid real property." These covenants are en... More...   $0 (04-30-1999 - WA)

OCEAN CLUB CONDOMINIUM ASSOCIATION, INC., A NONPROFIT CORPORATION OF THE STATE OF NEW JERSEY v. ALBERT N. GARDNER, AND MLM ASSOCIATES AND JOSEPH M. MURPHY

After taking control of the operations of the Ocean Club Condominium in Atlantic City, the condominium association sued the developer, alleging, among other things, that the developer had failed to pay its proportional share of common expenses during the approximately year-and-a-half period when it was acting as the association. Specifically, it argued that the developer had failed to pay its shar... More...   $138378 (12-16-1998 - NJ)

Kelvin Eugene Wiley v. County of San Diego et al.

Legal Malpractice - Public Defender - In September 1990, plaintiff Kelvin Eugene Wiley (Wiley) was arrested and charged with burglary and various assaultive crimes against Toni DiGiovanni, a former girlfriend with whom he had a stormy relationship. At arraignment, he denied the charges and Deputy Public Defender John Jimenez was ... More...   $162500 (11-23-1998 - CA)

Leonard I. Solondz v. Marvin Kornmehl and MCK Enterprises, L.L.C.

Recovery of Money Judgment – Solondz sued the defendant to recover outstanding debt on the sale of 4 condominium units. A dispute arose between the two parties regarding the interpretation of a contract clause.... More...   $0 (10-10-1998 - NJ)

Harriet G. Ginsberg, as personal representative of the Estate of Morris N. Scharf v. Gladys Cohen

Ginsberg brought action against condominium tenant for ejectment and damages from breach of lease. The lawsuit arose out of Cohen's occupancy of a condominium unit owned by Ginsberg's father. ... More...   $42125 (08-14-1998 - FL)

Gladys Cohen v. Harriet G. Ginsberg, as personal representative of the Estate of Morris N. Scharf

Ginsberg brought action against condominium tenant for ejectment and damages from breach of lease. The lawsuit arose out of Cohen's occupancy of a condominium unit owned by Ginsberg's father. ... More...   $42125 (08-14-1998 - FL)

Commonwealth v. Alexandria Knolls West Homeowners' Association

Civil rights - Fair Housing Act - failure to accommodate handicapped condominium purchaser's special needs. The board of defendant refused to provide a buyer in a wheelchair with a reserved parking space close to the unit he was buying.... More...   $65000 (06-12-1998 - VA)

Willow Springs Condominium Association, Inc. v. Seventh BRT Development Corporation et al.

The plantiff, Willow Springs Condominium Association, Inc., claimed breach of statutory warranties pursuant to the Connecticut Common Interest Ownership Act (CIOA) and the New Home Warranties Act (NHWA), as well as violation of the Connecticut Unfair Trade Practices Act (CUTPA), breach of fiduciary obligations by individuals who were employees and officers of several of the defendants and who serv... More...   $1235316 (06-02-1998 - CT)

Willow Springs Condominium Association, Inc. v. Seventh BRT Development Corporation et al.

The plantiff, Willow Springs Condominium Association, Inc., claimed breach of statutory warranties pursuant to the Connecticut Common Interest Ownership Act (CIOA) and the New Home Warranties Act (NHWA), as well as violation of the Connecticut Unfair Trade Practices Act (CUTPA), breach of fiduciary obligations by individuals who were employees and officers of several of the defendants and who serv... More...   $1235316 (06-02-1998 - CT)

Charlotte Scott v. North Coast Villiage Homeowners Association

Premises liability - trip and fall allegedly caused by uneven concrete and a portion of a wooden expansion joint sticking out of the sidewalk in a condominium project where plaintiff had lived for six years. Plaintiff, age 36, had used the sidewalk regularly for the entire time she had lived in the complex and had not noticed or had any problems with the sidewalk before the date of the incident... More...   $0 (05-01-1998 - CA)

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