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Case Information
El-Muctar Sherif and Sami Sei Gandy, derivatively, on behalf of African Islamic Community Center
vs American Land Transfer, Inc. et al.
Court of Common Pleas, Trial Division-Civil - Commerce Program
February Term, 2012, Case No. 02131 (February 6, 2014) (Snite, J. 3 pages).
Topic: BURDEN OF PROOF AT SUMMARY JUDGMENT - NON MOVING PARTY. If the non-moving party fails to come forward with sufficient evidence to establish or contest a material issue to the case, the moving party is entitled to judgment as a matter of law. The non-moving party must adduce sufficient evidence on an issue essential to its case and on which it bears the burden of proof such that a jury could return a verdict favorable to the non-moving party.
Date Rendered
2/6/2014
Judge
Snite
Case Information
Mega Concrete, Inc. et al
vs Shoemaker Construction Company et al.
Court of Common Pleas, Trial Division-Civil - Commerce Program
April Term, 2011, Case No. 00997 (February 6, 2014) (Dembe, J. 3 pages).
Topic: FRAUD. To prove the tort of fraud, plaintiff must offer evidence of a material misrepresentation. CONVERSION. To prove the tort of conversion, plaintiff must identify the chattel of which it was allegedly deprived, and must establish that the chattel was converted without plaintiff's consent.
Date Rendered
2/6/2014
Judge
DEMBE
Case Information
Source Healthcare Analytics, Inc. et.al.
vs SDI Health LLC, et. al.
Court of Common Pleas, Trial Division-Civil - Commerce Program
February Term, 20011 No. 2290 (McInerney, J.) (January 14, 2014, 36 pages)
Topic: findings of fact and conclusions of law –breach of contract, restitution damages, breach of the duty of good faith and fair dealing
Date Rendered
1/14/2014
Judge
McInerney
Case Information
Ernest Bock & Sons., Inc.
vs City of Philadelphia
Court of Common Pleas, Trial Division-Civil - Commerce Program
May Term, 2011, No. 02633 (Jan. 2, 2014) (McInerney, J., 6 pages)
Topic: CONSTRUCTION CONTRACT, MBE REQUIREMENT, LIQUIDATED DAMAGES, PENALTY
Date Rendered
1/2/2014
Judge
McInereny
Case Information
Dollar Tree Stores, Inc.
vs Holiday Supermarkets, Inc., et al.,
Court of Common Pleas, Trial Division-Civil - Commerce Program
October Term, 2009, No. 2702 (December 31, 2013)(35 pages)(McInerney, J.)
Topic: Declaratory Judgment; Interpretation of Restrictive Covenants; Newly Acquired Evidence
Date Rendered
12/31/2013
Judge
McInereny
Case Information
Conrail v. Ace Prop.
vs Cas. Ins. Co.
Court of Common Pleas, Trial Division-Civil - Commerce Program
Sept. Term, 2004, No. 02638 (Dec. 30, 2013) (McInerney, J., 7 pages)
Topic: ENVIRONMENTAL CONTAMINATION, INSURANCE COVERAGE, SUDDEN AND ACCIDENTAL, CHOICE OF LAW
Date Rendered
12/30/2013
Judge
McInereny
Case Information
El-Muctar Sherif and Sami Sei Gandy, derivatively, on behalf of African Islamic Community Center
vs American Land Transfer, Inc. et al.
Court of Common Pleas, Trial Division-Civil - Commerce Program
February Term, 2012, Case No. 02131 (December 27, 2013) (Snite, J. 9 pages).
Topic: CONSPIRACY. To maintain a claim of conspiracy upon a motion for summary judgment, plaintiff must provide evidence of a that defendant conspired with another for the common purpose of doing an unlawful act or doing a lawful act by unlawful means or for an unlawful purpose. FRAUD. To maintain a claim based on fraud upon a motion for summary judgment, plaintiff must provide evidence of each of the six elements necessary to prove the claim of fraud. NEGLIGENCE/GROSS NEGLIGENCE ASSERTED AGAINST A REAL ESTATE TITLE COMPANY. The duty of a title real estate company runs only to the party with whom that company entered into contract. Exception: a real estate title company may owe a duty to a non-party to the contract if the non-party is an intended beneficiary of the agreement.
Date Rendered
12/27/2013
Judge
Snite
Case Information
Nutrition Management Service Company
vs NewCourtland, Inc. and NewCourtland Elder Service
Court of Common Pleas, Trial Division-Civil - Commerce Program
December Term, 2013, Case No. 02597 (Findings-of-Fact and Conclusions-of-Law) (December 20, 2013) (Glazer, J. 13 pages).
Topic: BREACH OF CONTRACT/CONTRACT MODIFICATION. Modification of a contract may be demonstrated by words, conduct, or both. AWARD OF PRE-JUDGMENT INTEREST: An award of pre-judgment interest is a legal right and an equitable remedy. In breach-of-contract cases involving failure to pay a sum certain, pre-judgment interest may be awarded at the discretion of the Court at the rate of six percent per year.
Date Rendered
12/20/2013
Judge
Glazer
Case Information
The Bancorp Bank
vs . Michael Yaron, The Bankcorp Bank v. Oxford Construction and Development Corp., The Bankcorp Bank v. Oxford Construction of Pennsylvania, Inc., The Bankcorp Bank v. 218 Arch Street, LP
Court of Common Pleas, Trial Division-Civil - Commerce Program
July Term, 2013 No. 0903, July Term, 2013 No. 0926, July Term, 2013 No. 0906, July Term, 2013 No. 0859 (Dec. 19, 2013)(Glazer, J., 6 pages)
Topic: Petition to Strike Judgment, Petition to Open Judgment
Date Rendered
12/19/2013
Judge
Glazer
Case Information
VIST BANK
vs JOSEPH PAONE, JR.
Court of Common Pleas, Trial Division-Civil - Commerce Program
June Term, 2013, No. 01884 (Dec. 18, 2013)(Glazer, J., 6 pages
Topic: CONFESSED JUDGMENT, DEFAULT, SURETY
Date Rendered
12/18/2013
Judge
Glazer
Case Information
HYGROSOL PHARMACEUTICAL CORP. and SPIRIDON SPIREAS, PH.D.
vs RICHARD ROBERTS, M.D., PH.D., PHARMACEUTICAL HOLDINGS COMPANY, INC., PHARMACEUTICAL IP HOLDINGS, INC., MUTUAL PHARMACEUTICAL COMPANY, INC., UNITED RESEARCH LABORATORIES, INC., KING PHARMACEUTICALS, INC., and KING PHARMACEUTICALS RESEARCH AND DEVELOPMENT, INC.
Court of Common Pleas, Trial Division-Civil - Commerce Program
November TERM, 2012 No. 0213 control no. 13051530 (Snite, J.) (12/13/13 -16 pages)
Topic: New Jersey RICO, Standing, Predicate acts, Investment Injury: NJSA 2C:41-2(a), Acquisition Injury: NJSA 2C:41-2(b), Participation Injury: NJSA 2C:41-2(c),Conspiracy: NJSA 2C:41-2(d), Interference with Contractual Rights and Civil Conspiracy
Date Rendered
12/13/2013
Judge
Snite
Case Information
POLIN A TERTYSHNA Y A, individually and on behalf of ALEXANDER TERTYSHNY, her minor son
vs STANDARD SECURITY LIFE INSRUANCE COMPANY OF NEW YORK, et al.
Court of Common Pleas, Trial Division-Civil - Commerce Program
May TERM, 2010 No. 3803 (Snite, J.) (12/13/13 -11 pages)
Topic: Insurance Policy (accidental death v. disability), Statute of Limitations, Fraudulent Concealment Doctrine
Date Rendered
12/13/2013
Judge
Snite
Case Information
Samuel Faibish, Yehuda Olewski, Kalman Farkis, and I.M.
vs The Lincoln on Locust, LP, and Adar, LLC
Court of Common Pleas, Trial Division-Civil - Commerce Program
November Term, 2013, No. 189 (Snite, J., p. 4)
Topic: reconsideration, preliminary injunction, arbitration
Date Rendered
12/13/2013
Judge
Snite
Case Information
TWENTY N. THIRD STREET DEVELOPMENT, L.P. and TWENTY N. THIRD STREET CONDOMINIUM
vs SANTANDER HOLDINGS USA, d/b/a SOVEREIGN BANK, N.A. and PBE COMPANIES, LLC
Court of Common Pleas, Trial Division-Civil - Commerce Program
May Term, 2010, No. 0098 (December 11, 2013)(24 pages)(Dembe, J.)
Date Rendered
12/11/2013
Judge
Dembe
Case Information
Republic First Bank
vs Crynell Properties LLC and Republic First Bank v. Collins Collision Center, Inc., et al,
Court of Common Pleas, Trial Division-Civil - Commerce Program
January Term, 2012, No. 3599 and February Term 2012, No. 0165 (Dec. 10, 2013)(Glazer, J., 4 pages)
Topic: Topics: Summary Judgment, Commercial Loans
Date Rendered
12/10/2013
Judge
Glazer
Case Information
1605 SANSOM LIQUOR LLC d/b/a MEDIUM RARE SANSOM STREET
vs G282 ASSOCIATES LP v. GET SOME FOOD GROUP LLC
Court of Common Pleas, Trial Division-Civil - Commerce Program
JulyTerm, 2013, No. 4373 (December 10, 2013)(4 pages)(Dembe, J.)
Date Rendered
12/10/2013
Judge
Dembe
Case Information
Republic First Bank
vs Crynell Properties LLC, Collins Collision Center, Inc., Gary Collins, and Weatta Collins
Court of Common Pleas, Trial Division-Civil - Commerce Program
January Term, 2012, No. 0866 (Dec. 9, 2013)(Glazer, J., 6 pages)
Topic: Summary Judgment, Affirmative Covenants, Breach of Contract
Date Rendered
12/9/2013
Judge
Glazer
Case Information
Constructural Dynamics, Inc.
vs Liberty Mutual Insurance Co and Israel Santiago
Court of Common Pleas, Trial Division-Civil - Commerce Program
November Term, 2012, No. 01715 (Dec. 6, 2013)(Glazer, J., 6 pages)
Topic: Summary Judgment, Insurance, Indemnity, Duty to Defend
Date Rendered
12/6/2013
Judge
Glazer
Case Information
DOUGLAS T. HARRIS
vs STARK & STARK, P.C., et. al.
Court of Common Pleas, Trial Division-Civil - Commerce Program
January TERM, 2011 No. 2981 control no. 13074089 (Snite, J.) (12/04/13 -8 pages)
Topic: Wrongful use of civil proceedings, Plaintiff recovery from Moving Defendants the amount of judgment awarded to him against separate Defendant in the underlying action
Date Rendered
12/4/2013
Judge
Snite
Case Information
DOUGLAS T. HARRIS
vs STARK & STARK, P.C., et. al.
Court of Common Pleas, Trial Division-Civil - Commerce Program
January TERM, 2011 No. 2981 control no. 13090033 (Snite, J.) (12/04/13 -7 pages)
Topic: Wrongful use of civil proceedings, Plaintiff recovery from Moving Defendants the amount of judgment awarded to him against separate Defendant in the underlying action
Date Rendered
12/4/2013
Judge
Snite
Case Information
De Lage Landen Financial Services, Inc.
vs Reach Communications Specialists, Inc.
Court of Common Pleas, Trial Division-Civil - Commerce Program
July Term, 2013, No. 02985 (November 22, 2013)(Glazer, J., 4 pages)
Topic: Petition to Strike Judgment, Petition to Open Judgment
Date Rendered
11/22/2013
Judge
Glazer
Case Information
Donna Sannuti, et al.
vs . Richman, Berenbaum & Associates, P.C., et al.
Court of Common Pleas, Trial Division-Civil - Commerce Program
December Term, 2011, No. 0965 (Nov. 18, 2013)(Glazer, J., 6 pages)
Topic: Summary Judgment, Legal Malpractice
Date Rendered
11/18/2013
Judge
Glazer
Case Information
CDL, INC
vs CERTAIN UNDERWRITERS AT LLOYD'S, LONDON, et al.
Court of Common Pleas, Trial Division-Civil - Commerce Program
July Term, 2009, No. 00758 (Nov. 18, 2013) (Bernstein, J., 4 pages)
Topic: TORTIOUS INTERFERENCE WITH CONTRACT, CAUSATION OF DAMAGES
Date Rendered
11/18/2013
Judge
BERNSTEIN
Case Information
Eagle National Bank
vs Pier 1 Hays Terminal, Inc., Hays Enterprises, Inc., Hays Tug & Launch Service, Inc., Harry A. Hays and Dorothy L. Hays
Court of Common Pleas, Trial Division-Civil - Commerce Program
July Term, 2013, Case No. 00864; July Term 2013, Case No. 00928; July Term 2013, Case No. 00868; July Term 2013, Case No. 00881 (November 15, 2013) (Glazer, J. 8 pages)
Topic: PETITION TO OPEN/STRIKE CONFESSION OF JUDGMENT (DENIED). Failure to read the terms of a confession-of-judgment clause will not allow its avoidance, especially in cases where the confession-of-judgment clause is clear, conspicuous and a part of the transaction.
Date Rendered
11/15/2013
Judge
Glazer
Case Information
Conrail v. Ace Prop.
vs Cas. Ins. Co.
Court of Common Pleas, Trial Division-Civil - Commerce Program
Sept. Term, 2004, No. 02638 (Nov. 13, 2013) (McInerney, J., 7 pages)
Topic: ENVIRONMENTAL CONTAMINATION, INSURANCE COVERAGE, OCCURRENCE
Date Rendered
11/13/2013
Judge
McInereny
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