Sentences with phrase «failed motion for summary judgment»

Not exact matches

«Without further evidence of discriminatory intent, plaintiffs» claims would likely fail to survive a motion for summary judgment,» Senior U.S. District Judge Frederick Scullin wrote.

Wal - Mart made a motion for summary judgment, and the trial court dismissed the case, saying that the patron failed to prove Wal - Mart's negligent act.

Because our existing case law holds that a property owner does not violate the duty of reasonable care by failing to remove natural accumulations of snow and ice, see Sullivan v. Brookline, 416 Mass. 825, 827 (1994), the judge concluded that, as a matter of law, the plaintiff could not prevail on his claims of negligence; therefore, the judge allowed the defendants» motions for summary judgment.

The court denied plaintiff's motion for summary judgment that individual defendant was liable for the default judgment awarded plaintiff against corporate defendant because plaintiff failed to pierce the corporate veil.

The Appeals Court reversed and remanded, reasoning that the trial court incorrectly converted the 12 (b)(6) motion to dismiss into a motion for summary judgment and failed to follow caselaw related to other similar statutes.

While Ontario judges may be more amenable to granting such motions, they appear less interested in taking up the Supreme Court's call for judges to remain seized of cases when motions for summary judgment fail.

Shepherd Real Estate v. Ferguson (204 A.D. 2d 392) judgment granting defendant's motion for summary judgment and dismissing complaint affirmed; broker failed to produce buyer ready, willing and able; buyer and seller were unable to meet agreement on inclusion of clause in contract (regarding unlimited access to property prior to closing).

Queens Structure Corp. v. Jay Lawrence Asso., Inc. (304 A.D. 2d 736)-- brokers representing the seller for a commission of $ 367,000 with respect to the sale of seller's property also entered into an agreement with the prospective purchaser whereby the purchaser agreed to pay the brokers a «consulting fee» of $ 257,000; brokers working for seller had an affirmative duty not to act for the purchaser or its assignee unless the seller had full knowledge of the facts; brokers failed to establish their entitlement to judgment as a matter of law to the $ 257,000 consulting fee to be paid by purchaser; brokers» motion for summary judgment denied.

Namazi Real Estate Corp. v. Johnson (243 A.D. 2d 396)-- broker's motion for summary judgment denied and defendant's cross-motion for summary judgment dismissing the complaint affirmed; broker failed to establish they produced a buyer ready, willing and able to purchase the property at terms set by sellers; parties were not in agreement as to the closing date, the clause entitling defendants to terminate the contract unconditionally, and the date when the defendants would vacate the premises; broker failed to establish that sellers wrongfully or arbitrarily prevented completion of a deal.

Kling Real Estate, Ltd. v. DePalma (306 A.D. 2d 445)- summary judgment motion dismissing broker's complaint affirmed; broker's suit for commission based upon two binder agreements fails where unilateral modification of the proposed contracts of sale by the prospective purchasers constituted a counter offer which the seller rejected; no cause of action exists for commission against buyer in second transaction where sellers agreed to pay the brokerage commission

Reiser, Inc. v. Roberts Real Estate (292 A.D. 2d 726)-- claims that broker breached listing agreement based on extrinsic evidence can not survive the explicit language of the listing agreement granting to broker «full discretion to determine the appropriate marking approach» for the listed properties; broker establishes its entitlement to commission under the listing agreements by introducing uncontroverted evidence that three properties sold as a result of broker's efforts while the listing agreements where in effect; owner's claims of breach of fiduciary duty fail where owner, builder / developer, did not list all of its properties with broker as broker's duty is limited to protecting its principal's interest only with respect to properties which have been listed with the broker; broker's duty to refrain from taking action adverse to its principal's interests is necessarily tied to the transaction that formed the agency relationship; owner's claim of fraud in the inducement under one of two listing agreements survives motion for summary judgment

Mosca v. Kiner (277 A.D. 2d 937)- broker's, salesperson's and owner's motion for summary judgment dismissing buyer's complaint affirmed; where property was advertised as having deeded lake rights and the MLS indicated that the property had access to a private dock, buyer's post closing fraud cause of action fails where buyer had the means available to him of knowing, by the exercise of ordinary intelligence, the truth concerning the description and boundary of the land and failed to make use of such means; the presence or absence of deeded lake rights was a mater of public record, was not particularly within broker's, salesperson's or owner's knowledge and could have been ascertained by buyer by means available to him through the exercise of ordinary intelligence; specific merger clause in the contract defeats fraud cause of action