Condominium Law
 
Ivan Canaveras and Nancy Canaveras v. The Continental Group, Ltd., et al.

Ivan Canaveras, the victim in a workplace altercation, appeals the dismissal of his personal injury claim against Lubier Jaramillo, the aggressor in the incident, and the Continental Group, Ltd., Jaramillo's employer.1 The trial court dismissed the claim with prejudice for fraud upon the court, after concluding that Canaveras had attempted to hide a prior injury. Continental cross appea

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HLC PROPERTIES, LIMITED, et al. v. THE SUPERIOR COURT OF LOS ANGELES COUNTY

At issue in this matter are 59 written communications pertaining to three recording contracts executed by the late Harry Lillis Crosby, the talented entertainer known to all as Bing Crosby. In the proceedings below, the trial court rejected plaintiffs' claim of attorney-client privilege with respect to the 59 documents, many of which were either authored or received by persons Crosby had

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John Doe v. AvalonBay Communities

Six Plaintiffs sued AvalonBay Communities for damages that they sustained when their homes were damaged or destroyed by a fire that occurred in August 2000 Avalon Mews condominium complex under construction along the Hudson River in Edgewater, Pennsylvania. The plaintiffs claimed that workers were seen smoking and cooking on the construction site and working after hours. They also pointed out

More...   $1000000 (02-11-2005 - NJ)

Verladia Reed v. Gregory J. Reed


Defendant appeals by right a judgment of divorce entered May 16, 2003 that
implemented the trial court's opinion and order following a November 2002 trial. Defendant
also appeals the trial court's pretrial order granting partial summary disposition to plaintiff
declaring the parties May 1975 prenuptial agreement null and void. We conclude the parties'
prenuptial agreement i

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Interstate Investment Corporation v. Rodolfo Rillo, et al.

Appellant, Interstate Investment Corporation ("IIC"), appeals from a take-nothing judgment rendered against it, after a bench trial, on its cause of action for breach of contract against appellees, United Crescent Corporation ("United"), Rodolfo Rillo, Bella Rillo (together, "appellees"). We affirm.

Background

Our background facts come from the trial court's

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Indemnity Insurance Company of North America, et al. v. American Aviation, Inc.

The Eleventh Circuit Court of Appeals certified the following five questions of Florida law that are determinative of a cause pending in that court and for which there appears to be no controlling precedent:

1. WHETHER THE "ECONOMIC LOSS" DOCTRINE OF FLORIDA APPLIES TO ALLEGED TORTS IF THE DEFENDANT HAS PROVIDED SERVICES TO A PRODUCT RATHER THAN HAS SOLD A PRODUCT.

2. WHETHER THE

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Mimics, Inc., et al. v. The Village of Angel Fire, et al.

Plaintiffs-Appellees Richard Wildgrube, Margaret Wildgrube, and MIMICS, Inc. (hereinafter and collectively, the "Wildgrubes") brought this suit under 42 U.S.C. § 1983, alleging rights violations under the First, Fourth, and Fourteenth Amendments. Defendant-Appellant Charles Hasford appeals the district court's denial of his motion for summary judgment premised on qualified immunity. We exer

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Gil Gilbert v. Beaver Dam Association of Stratford, Inc., et al.

The plaintiff, Gil Gilbert, appeals and the defendants, Beaver Dam Association of Stratford, Inc. (association), and all the owners of property that abuts the Beaver Dam Lake, cross appeal from the judgment of the trial court rendered after a trial to the court.

On appeal, the plaintiff claims that the court improperly held that (1) he could not rely on the Common Interest Ownership A

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Auburn Woods I Homeowners Association, et al. v. Fair Employment and Housting commision, et al.

Under the California Fair Employment and Housing Act (FEHA) (Gov. Code § 12900 et seq.; subsequent unspecified statutory references are to the Government Code), it is an unlawful practice to refuse "to make reasonable accommodations in rules, policies, practices, or services when these accommodations may be necessary to afford a disabled person equal opportunity to use and enjoy a dwell

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Brandon Farms Property Owners Association, Inc. v. Brandon Farms Condominium Association, Inc.

In this case, the primary issue is whether the Condominium Act (Act), N.J.S.A. 46:8B-1 to –38, permits a developer to require a condominium association to b

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Brian Campbell v. Lake Hallowell Homeowners Association, et al.

The principal parties to this dispute are a homeowners' association and a homeowner. Their quarrel, which began over a basketball hoop and a parking space, has resulted in at least four separate actions, with an intimation of more to come. At a loss as to why so little has generated so much conflict, we can only surmise that we are in the middle of what may be the litigatory equivalent

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Alicia Palacin v. Allstate Insurance Company

Alicia Palacin purchased a condominium owner's insurance policy from Allstate Insurance Company (Allstate) covering real property items "which are your insurance responsibility as expressed or implied under the governing rules of the condominium."

When Palacin tendered a claim to Allstate for water damage to her walls and floors, Allstate denied the claim, stating that the damaged item

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Timothy Barrett, et al. v. Bessie Montesano, et al.

The plaintiffs, Timothy Barrett and his parents, Diane Barrett and Douglas Barrett, appeal1 from the summary judgment rendered against them in their medical malpractice action. On appeal, the plaintiffs claim that the trial court improperly concluded that their action had been untimely commenced under General Statutes § 52-584.2 We agree with the plaintiffs and, accordingly, we reverse t

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Wilchester West Concerned Homeowners LDEF, Inc. v. Wilchester West Fund, Inc., et al.

In this suit for declaratory relief, which concerns a dispute between a group of homeowners and the homeowners' associations of two neighboring subdivisions, appellant, Wilchester West Concerned Homeowners LDEF, Inc. (WWCH), challenges the trial court's rendition of summary judgment in favor of appellees, Wilchester West Fund, Inc., Wilchester Club, and Wilchester Owners Committee, on all of WW

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James A. Siegel, et al. v. Anderson Homes, Inc.

The owner of a home containing latent construction defects may maintain an action in tort against the builder for any resulting damages. But when there are several successive owners, to which of them does the cause of action belong: to the person who owns the home when the structure first sustains some appreciable but undetected harm, or to the subsequent owner who first discovers the harm?

More...   $0 (05-20-2004 - CA)

Edgewater Owners Association v. Hartz Mountain Industries

Breach of contract and consumer fraud claims by the owners association of the 512 unit Edgewater condominium complex in Harbor, New Jersey against Hartz Mountain Industries for faulty and deficient construction of the complex including waterproofing, steel substructure, expansion joints, fire sprinklers, windows, brickfacing, balconies and other areas. Hartz Mountain Industries touted the luxur

More...   $10000000 (05-12-2004 - NJ)

Alvin Cohen, et al. v. Southbridge Park, Inc.

An independent outside attorney prevailed in defending a suit brought against him on behalf of a corporation that claimed he committed malpractice as attorney for the corporation in another matter. The lawyer asserted that the corporation was required to indemnify him for the expenses of the suit on the basis that he is a "corporate agent," as that term is used in the New Jersey Business Corpo

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Stephen Piersa v. Phoenix Insurance Company, et al.

In this appeal, the plaintiff, Stephen Piersa, raises a question of law as to whether a selfinsured municipal employer must create a writing giving notice of its intention to reduce its uninsured motorist coverage by the amount of workers' compensation benefits (compensation benefits) paid to an employee. We conclude that a self-insured municipal employer may reduce the limits of its uni

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Roy H. Payne, Jr. and Elizabeth Burger-Payne v. Cudjoe Gardens Property Lower Owners Association, Inc.

On this, the third appeal of this case before this court, the appellants/homeowners challenge the trial court's determination that they were not the prevailing parties for purposes of attorney's fees and costs in a dispute over a deed restriction setback requirement. We conclude that because the Cudjoe Gardens Property Owners Association ("the association") prevailed on the significant is

More...   $0 (05-05-2004 - FL)

Adocate Health and Hospital coporation d/b/a Adocate Trinity Hospital

The issues on appeal are whether the imposter defense contained in section 3-404(a) of the Illinois version of the Uniform Commercial Code, Negotiable Instruments (810 ILCS 5/3-404(a) (West 2000)) ("UCC") may be properly asserted in a section 2-615 motion to dismiss a complaint for failure to state a claim (735 ILCS 5/2-615 (West 2000)) and whether the defense is factually applicable to the pre

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TRIANTAFYLLOS THANASOULIS, PLAINTIFF-APPELLANT, v. WINSTON TOWER 200 ASSOCIATION, INC., DEFENDANT-RESPONDENT.

Plaintiff, a nonresident owner of a unit in a condominium complex, challenges a rule adopted by the owners' association (Association) increasing the parking fee for tenants of nonresident owners from $25 to $75 a month, while leaving untouched the $25 fee charged to resident owners. Plaintiff attacks the rule as being unreasonable and unconstitutionally discriminatory. The parking facilit

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Villa Del Sole Homeowners Association v. William B. Miller

Plaintiff, a nonresident owner of a unit in a condominium complex, challenges a rule adopted by the owners' association (Association) increasing the parking fee for tenants of nonresident owners from $25 to $75 a month, while leaving untouched the $25 fee charged to resident owners. Plaintiff attacks the rule as being unreasonable and unconstitutionally discriminatory. The parking facili

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Kathy Rollison v. City of Key West

Kathy Rollison appeals a declaratory judgment in favor of the City of Key West. As we conclude that Ms. Rollison's use of her property was lawful at the times relevant here, we reverse the judgment.

I.

In 1996 Ms. Rollison and her husband began looking for a vacation home in Key West. They wanted to buy a condominium property which they could use for vacation purposes. In addition,

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Michael G. Pagett v. Westport Precision, Inc.

The defendant, Westport Precision, Inc., appeals from the judgment of the trial court ordering the issuance of a writ of mandamus to the plaintiff, Michael G. Pagett, pursuant to General Statutes § 33- 946 (b) and (c). The order required the defendant to allow the plaintiff, a minority shareholder who was a former employee currently engaged in litigation against the defendant, to inspect

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Antonina Rosato v. Teresita Mascardo

The principal issue in this medical malpractice case is whether the ‘‘continuous treatment'' or ‘‘continuing course of conduct'' doctrine tolls the statute of limitations in General Statutes § 52-584. The plaintiff, Antonina Rosato, brought this action ultimately in two counts against the defendant, Teresita Mascardo, alleging that she suffered damages as a result of the defendant's unau

More...   $0 (04-11-2004 - CT)

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