2 total
The court granted an interlocutory proprietary injunction over three development properties to secure a $16 million advance pending trial.
The court considered a motion for an interlocutory proprietary injunction and leave to issue a certificate of pending litigation (CPL) over three development properties.
The Applicants advanced $16 million to the Respondents for property purchases, claiming a common intention that the properties would stand as security.
The Respondents argued the advances were loans or investments without property interests.
The court found a serious issue to be tried regarding an equitable mortgage and unjust enrichment, granted injunctions over two properties, and a limited injunction over the third to allow refinancing.
The court also found that, if necessary, a CPL would be granted.
Summary judgment granted dismissing unjust enrichment claim where plaintiff's evidence of spousal cohabitation was contradicted by his prior sworn testimony.
The plaintiff brought a claim for unjust enrichment against the defendant, seeking $300,000 for renovations he allegedly performed on her properties during a purported 34-year cohabitation.
The defendant moved for summary judgment to dismiss the claim.
The court found that the plaintiff's evidence was contradictory, noting he had previously testified under oath at his criminal trial for harassing the defendant that their relationship was casual and he was married to someone else.
The court concluded there was no genuine issue requiring a trial, as the defendant provided overwhelming evidence that she solely owned and financed the properties, and the plaintiff was compensated for minor work with room and board.
The motion for summary judgment was granted and the action was dismissed.
