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Contract — Request for admissions – Untimely response
Where a plaintiff has moved for summary disposition on a claim alleging sums due under a Personnel Services Agreement, that motion should be allowed because of the defendant’s failure to timely answer...
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Attorneys — Disqualification – LLC
Where the minority shareholder of a limited liability company has brought a derivative action on behalf of the company, his motion to disqualify the company’s legal counsel should be denied because the...
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Landlord and Tenant — Fee award
Where a plaintiff has a contractual right under a commercial lease to recover its “reasonable” attorney fees, the defendants should be held jointly and severally for $29,088 in fees. The post Landlord...
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Landlord and Tenant — Commercial lease – Fire
Where a defendant commercial landlord has moved for summary disposition, that motion should be allowed because (1) the plaintiff tenant has failed to follow the procedure for auditing operating...
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Contract — Duty to defend – Notice
Where a plaintiff has alleged a breach of a contractual duty to defend, indemnify and hold the plaintiff harmless, the defendant’s motion for summary disposition should be denied despite the...
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Contract — Construction liens – ‘Double-charging’
Where plaintiff contractor that worked on the construction of a building has filed four construction liens, the plaintiff should be awarded summary disposition despite the defendants’ argument that the...
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Commercial — Usury – Interest
Where a defendant limited liability company that purchased products from the plaintiff on credit has moved for summary disposition in a collection action, that motion should be denied despite the...
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Commercial — Uniform Voidable Transactions Act – Loan
Where (1) a plaintiff commercial landlord obtained a default judgment against a limited liability company that failed to pay rent and (2) the landlord now seeks to hold liable an individual defendant...
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Civil Practice — Sanctions – Defective complaint
Where a plaintiff was sanctioned for drafting a defective complaint, the plaintiff’s motion for reconsideration should be denied because there has been no showing of a palpable error. The post Civil...
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Civil Practice — Sanctions – Default
Where a plaintiff has moved for reconsideration of a default judgment entered against it with respect to a counterclaim asserted by the defendants, the motion should be denied because there has been no...
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Banks and Banking — Loans – Default
Where a plaintiff bank has alleged non-payment of eight commercial loans, the plaintiff is entitled to summary disposition, as there is no genuine issue of material fact regarding the existence of the...
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Contract — Purchase agreement – Authority
Where the defendants in a breach of contract action arising out of a purchase agreement have moved for summary disposition, that motion should be denied because questions of material fact exist as to...
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Civil Practice — Summary disposition – Scheduling order
Where a third-party plaintiff has moved for summary disposition, the motion should be allowed because of the third-party defendant’s failure to timely submit a responsive brief. The post Civil Practice...
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Banks and Banking — Discrimination – Race
Where a plaintiff has brought suit alleging intentional race-based lending discrimination under the Fair Housing Act and the Equal Credit Opportunity Act, a verdict should enter in favor of the bank,...
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Mortgages — Insurance
Where a plaintiff borrower failed to make a balloon payment that became due, the plaintiff is not entitled to a declaration that it is not responsible for payment of the amount owing on the loan, as...
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Insurance — Pandemic – Business interruption
Where a plaintiff who was required to close a chiropractic office due to stay-at-home executive orders during the COVID-19 pandemic has filed a complaint against the defendant insurer for business...
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Employment — Non-compete agreements – Business model
Where a plaintiff has brought suit against defendant tattoo artists who signed non-competition agreements while working for the plaintiff as independent contractors, the defendants are not entitled to...
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Corporate — Oppression – LLC
Where the plaintiff, a minority owner of a limited liability company, has alleged oppression based on the defendant majority owner’s termination of plaintiff’s employment, the complaint should be...
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Contract — Economic loss doctrine
Where a plaintiff that entered into contracts with the defendants has asserted claims of conversion and misappropriation of property, the defendants are entitled to summary disposition under the...
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Contract — P&S agreement – Owner affidavit
Where two defendants agreed to sell real property that they did not own, the defendants should be held liable for breach of contract, while the true owner of the property should also be held liable...
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