C. Marino

The plaintiff condominium corporation brought motions to extend the set down deadline in a 2012 construction deficiency action and to have a related 2017 solicitor's negligence action tried together with it.

The defendants in the construction action cross-moved to dismiss for delay.

The court granted the extension peremptorily to December 31, 2023, finding the delay adequately explained and no actual prejudice to the defendants.

The court dismissed the motion to try the actions together and instead stayed the solicitor's negligence action, finding the construction action significantly more complex and that a stay would prevent unnecessary duplication of resources.

The parties entered into Minutes of Settlement and a Consent Judgment to be invoked upon default.

The defendant defaulted on the payment schedule, and the plaintiff brought a motion under Rule 49.09 for judgment of $350,000.

The defendant and his counsel failed to attend the case conference, requesting an adjournment to retain new counsel.

The court scheduled the motion for an oral hearing peremptorily on the defendant and set a timetable for materials.