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Tag Archives: summary judgment

Landlord/Tenant – Civil Practice – Summary Judgment – Unverified Answer – Counterclaim Dismissal (access required)

Nasser v. Dynamic Images Salon & Spa, Inc. Where the defendant-tenant’s answer and counterclaims were not verified, the trial court did not err by failing to consider the allegations set forth therein when the court decided the plaintiff-landlord’s motion for summary judgment. We affirm summary judgment for the landlord on his claims. However, we vacate the trial court’s dismissal of the tenant’s counterclaims.

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Real Property – Office Park Declaration – Stormwater Retention Pond Maintenance – Civil Practice – Declaratory Judgment – Summary Judgment — Continuance Motion (access required)

Beaches West Developments, Ltd. v. North Carolina Eye, Ear, Nose & Throat, P.A. Defendants produced an affidavit from an expert in landscape architecture forecasting testimony that the stormwater retention pond for the parties’ office park is in compliance with all city regulations and, to the extent required, with the customary standards of a Class A office park. Plaintiff, on the other hand, produced nothing beyond its own admittedly lay opinion that the pond should have more attractive landscaping in order to conform to Class A office park standards - which it claimed were impossible to specifically identify. Plaintiffs failed to make out a prima facie case that defendants were in default of their duties to maintain the pond under the office park’s declaration.

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Insurance – Homeowner’s — Coverage – Limited Policy – Mold – Wind Damage – Civil Practice – Summary Judgment (access required)

North Carolina Farm Bureau Mutual Insurance Co. v. Sadler Despite an appraiser’s and umpire’s determination that wind damaged defendant’s house in the amount of $150,500, the insurer retains the right to determine whether any loss is covered by the policy. We reverse partial summary judgment for defendant. Remanded.

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Civil Practice – Statute of Limitations – Foreign Judgment – Revival of Judgment – Summary Judgment (access required)

Mundaca Financial Services LLC v. Casella. (Lawyers Weekly No. 11-16-0296, 7 pp.) (Robert C. Hunter, J.) Appealed from Haywood County Superior Court. (James U. Downs, J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding: The ...

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Contract – Master Agreement – Breach of Contract – Fraud – Constructive Fraud – Negligent Misrepresentation – Interference with Contract – Summary Judgment (access required)

  Crockett Capital Corp. v. Inland American Winston Hotels, Inc. (Lawyers Weekly No. 11-15-0257, 51 pp.) (Judge Ben F. Tennille) On cross motions for summary judgment. N.C. Bus. Ct. Click here for the full text of the opinion. Holding: The ...

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Contract – Communications Decency Act – Immunity – Unfair and Deceptive Trade Practices – Summary Judgment – Class Action (access required)

Hill v. StubHub, Inc. (Lawyers Weekly No. 11-15-0258, 23 pp.) (Judge Ben F. Tennille, J.) On cross motions for summary judgment. N.C. Bus. Ct. Click here for the full text of the opinion. Holdings: StubHub’s business model and practices are ...

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Real Property – Prescriptive Easement – Adverse, Hostile or Under Claim of Right – Open & Notorious – Continuous & Uninterrupted – Substantial Identity – Tacking – Succession – Summary Judgment (access required)

Deans v. Mansfield. (Lawyers Weekly No. 11-07-0157, 12 pp.) (Sanford L. Steelman Jr., J.) Appealed from Moore County District Court. (Jayrene R. Maness, J.) N.C. App. Click here for the full text of the opinion. Holding: The plaintiffs presented sufficient ...

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