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Ex parte CPL discharged due to plaintiffs' failure to make full and fair disclosure.
The defendants moved to discharge a certificate of pending litigation (CPL) granted ex parte against a specific property.
The court found that the plaintiffs breached their duty of full and fair disclosure on the ex parte motion by failing to present evidence supporting their claim to an interest in the subject property and by making unsubstantiated assertions.
Furthermore, the court held that there was no triable issue regarding the plaintiffs' interest in the property.
The motion was granted and the CPL against the property was discharged.
The court granted a motion to transfer a property damage claim from Small Claims Court to Superior Court due to increased damages, preserving limitation period defenses.
The applicants sought to transfer their Small Claims Court action to the Superior Court under simplified procedure and amend their pleadings to reflect significantly increased damages discovered after the initial claim.
The respondents opposed, arguing the new damages were discoverable earlier and allowing the amendment would circumvent limitation periods.
The court granted the transfer to Superior Court, allowing amendment, but preserved the respondents' right to challenge claims falling outside the limitation period.
