1 KESSLER, J. Linda T. Peterson appeals from an order granting Cornerstone Property Development's motion for summary judgment and dismissing her action. Because we determine that Peterson has: (1) failed to identify any latent defects in her Commerce Bluff One Condominium unit; (2) failed to show that any alleged defects were a violation of any specific building code provisions; and

In this case we interpret Massachusetts General Laws chapter 183A, section 5, which governs condominium owners' rights and powers vis-à-vis the phased development of condominium projects. We reverse the district court, In re Northwood Props., LLC, 356 B.R. 81 (D. Mass. 2006), because its statutory interpretation was in error.

Northwood Properties, LLC, ("Northwood") is the develo

Does the negotiation of an insurance company check bearing the language "SETTLEMENT FOR INJURY SUSTAINED FROM AUTO ACCIDENT ON 8-4-00" constitute an accord and satisfaction with respect to the payee's claim for personal injury arising from such accident? A trial justice ruled that in the circumstances of this case it did, and accordingly he dismissed the plaintiff's complaint. The plaintiff

In this case we interpret Massachusetts General Laws chapter 183A, section 5, which governs condominium owners' rights and powers vis-à-vis the phased development of condominium projects. We reverse the district court, In re Northwood Props., LLC, 356 B.R. 81 (D. Mass. 2006), because its statutory interpretation was in error.

Northwood Properties, LLC, ("Northwood") is the develo

Appellants, Frans and Diane Gillebaard ("the Gillebaards"), challenge the trial court's rendition of summary judgment in favor of appellees, Abbott Sprague, Lloyd Thorton, James Flanigan, and Charlie Prioleau ("the Individual Appellees") and Bayview Acres Association, Inc. ("Bayview Association"); its declaration that the "Amended and Restated Restrictions for Bayview Acres" subdivision were va

This case comes to us by way of an original petition for a writ of mandamus or prohibition. In granting this petition in part, we consider and determine the scope of Nevada's residential constructional defect statutes, contained within NRS Chapter 40 from NRS 40.600 through NRS 40.695. In general, this legislation sets forth rights and remedies of homeowners, developers, and building contrac

Defendants are found liable for negligence in a multiparty construction defect case. The trial court gives them partial credits for their damages paid in good faith settlements before trial by jointly liable defendants. This assures a fair and appropriate distribution of damages. Plaintiff does not receive a double recovery. Nor do the nonsettling defendants bear a disproportionate share

Respondents Betty Jo Walker and Linda Williams brought an action against appellant Farmers Insurance Exchange (Farmers)1 for breach of contract and bad faith. The jury returned a verdict for compensatory damages in excess of $1.5 million and awarded punitive damages in the amount of $8,338,255.73. The trial court conditionally granted Farmers motion for a new trial on the award of punitive

The Town of Wappinger ("Town") appeals from a judgment resolving the enforceability of an open space restriction imposed by the Town of Wappinger Planning Board ("Planning Board"). This case calls on us in principal part to resolve a question of New York property law: Is an open space restriction imposed by a subdivision plat under New York Town Law § 276 enforceable against a subsequent

Appellant David Rogers, individually and as representative of the Estate of Leroy Brown, appeals from the trial court's grant of summary judgment in favor of appellee Texas Sterling Construction, L.P. a/k/a Texas Sterling Construction, Inc. a/k/a Texas Sterling, L.P. ("Texas Sterling') for wrongful death and survival claims. We affirm.

I. Factual and Procedural Background

On Augu

Plaintiff Philip A. Zlotnick appeals the district court's order dismissing his suit against Premier Sales Group, Inc. ("Premier"), Boynton Waterways Investment Associates, LLC ("Boynton Waterways"), and Panther Real Estate Partners, Inc. ("Panther"), filed pursuant to the Florida Deceptive and Unfair Trade Practices Act ("FDUTPA"), Fla. Stat. Ann. §§ 501.201-.213. After review, we affirm t

In this declaratory judgment action, a jury found that Tommie Thomas ("the Sheriff") did not act in good faith when he arbitrarily denied Webworld Marketing Group, L.L.C.'s application for a Sexually Oriented Business ("SOB") permit. The trial court granted the Sheriff's motion for judgment notwithstanding the verdict ("JNOV") and denied all relief Webworld sought against the Sheriff. In its s

Habitat II Condominium, Inc., (the "Association") appeals an order dismissing its complaint due to its failure to enter into non-binding arbitration of a dispute involving its claimed right of first refusal to a condominium unit. The Association claims that the dispute was not arbitrable under the governing statute because it involved title to a unit. We agree and reverse.

The Associati

In this fraud case, the issue on appeal is whether substantial evidence supports the trial court's assessment of $75,000 in punitive damages against defendant Jeffrey L. Haag. We conclude the evidence does not support the award, and thus we reverse the judgment in part. We reject plaintiff Michael R. Kelly's assertion he is entitled to a retrial on punitive damages.

BACKGROUND

T

In this diversity suit governed by Illinois law, a bank complains that it lost money as a result of errors in an audit of one of its borrowers, Brandon Apparel Group, Inc., by the defendant, GKCO. The bank contends both that it is a third-party beneficiary of the letter contract by which Brandon retained GKCO to conduct the audit and that GKCO committed the tort of negligent misrepresent

Kevin Daves sued Taylor Woodrow, Robert Buford, Dan Buford, SLAB and SLAB Lido on a number of different legal theories including negligence, breach of fiduciary duty, and breach of contract for excluding him from the massive Ritz-Carlton Sarasota condominium project. Daves owns 20% of a SLAB which, along with Taylor Woodrow, were to build the Lido condos near the swank Ritz-Carlton beach clu

In this subrogation action, State Farm General Insurance Company (State Farm) seeks to recover sums it paid to its insureds, a condominium association and one of the condominium owners, following a fire loss. The fire started in an adjacent apartment building, after an ignition source was placed in a trash can, and the resultant fire spread to the insureds' condominium complex. State Farm s

Statutory law permits a condominium homeowners association to bring a construction defect action with respect to damages to the condominium complex. (Civ. Code, § 1368.3; see also former Code Civ. Proc., § 383, repealed by stats. 2004, ch. 754, § 7, p. 4473.) When an action is filed, can an insurer under an occurrence-based commercial general liability policy avoid providing a defense to

A general contractor was sued by a condominium owners association for latent defects in the construction of the condominium complex. The general contractor cross-complained against the painting subcontractor for indemnity. Ultimately, the entire action settled without contribution from the painter, and the painter was voluntarily dismissed without prejudice. The painter then brought the ins

Alice Dobson and Westmark sued the City of Burien for the damages that they sustained as a result of its failure to properly process Westmark's application for the development of a 176 unit condominium complex overlooking Puget Sound. Surrounding property owners objected to the proposed project and the City of Burien did not process the building permits needed to go forward on the project.

Ronald and Becky Bacon ("the Bacons") brought an action to recover on a promissory note after the obligors, Michael and Bonnie Uhl ("the Uhls"), stopped making payments and went into default. The trial court entered judgment in favor of the Bacons for approximately $269,000. The Uhls have appealed. They contend the trial court erred by: (1) failing to offset the value of certain stock, which wa

This appeal arises from a tort action brought by Dr. Iris Beth Rodríguez-Quiñones ("Rodríguez") in diversity in the Puerto Rico federal district court. The case arises from the rape and robbery of Rodríguez on April 28, 2000, at Clínica Las Américas ("Clínica")--a multi-condominium-unit medical clinic where she worked as a clinical psychologist--in Hato Rey, Puerto Rico. The defendants were Clí

Plaintiffs, Amy and Joseph Mitsch, appeal from an order of the circuit court of Cook County granting defendants', General Motors Corporation (GMC) and Rockenbach Chevrolet (Rockenbach), motion for summary judgment. Plaintiffs contest the trial court's order as to Rockenbach only and not as to GMC.

The relevant facts are as follows: On October 7, 2002, plaintiffs purchased a used 2002 GM

The plaintiffs, Ms. Walker and Ms. Williams, were insured under a liability policy Farmers issued to their homeowners association. The policy provided liability coverage for their liability as condominium owners arising out of accidents occurring on the common areas. The plaintiffs were sued in 2002 by a neighbor who was badly injured when she was allegedly hit by the plaintiffs' garage door. T

In July 2002, the plaintiff, Nadejda Vassilkovska, purchased a used automobile from Woodfield. In addition to the sales contract, the plaintiff signed an arbitration agreement (Arbitration Agreement). In February 2003, the plaintiff filed a four-count complaint against Woodfield. In April 2003, Woodfield filed a motion to dismiss and compel arbitration. In May 2003, the trial court heard argume