Faren Bogach

The plaintiff demolition subcontractor brought a lien action for unpaid work, and the defendant general contractor counterclaimed for damages caused when the plaintiff severed an underground electrical duct bank, causing a power outage at a wastewater treatment plant.

The court found the plaintiff breached its subcontract and was negligent by failing to review drawings, obtain locates, and follow its own demolition plan.

However, the court also found the defendant 15% contributorily negligent for failing to communicate its knowledge of the duct bank to the plaintiff.

The plaintiff's lien claim was offset against 85% of the defendant's damages, resulting in a net judgment payable by the plaintiff to the defendant.

The applicant, a care facility operator, brought an application seeking declarations that the respondent County acted in bad faith by not renewing their annual services agreement under the Domiciliary Care Program.

The County had declined to renew the fixed-term contract due to a history of non-compliance, particularly regarding Fire Code violations and the delayed installation of a sprinkler system.

The court dismissed the application, finding that the contract had a clear end date with no automatic renewal clause, and therefore the County owed no duty of good faith to renew it.

Furthermore, the court found no evidence of bad faith, noting that the County had repeatedly communicated its concerns and provided reasons for non-renewal despite having no contractual obligation to do so.

Following a successful motion, the plaintiff sought partial indemnity costs of $17,000.

The defendant argued the amount was excessive and proposed $6,000.

The court found the requested amount fair and reasonable, noting it was almost identical to the partial indemnity costs incurred by the defendant itself.

Costs were fixed at $17,000.

The defendant landlord moved for a mandatory interlocutory injunction to compel the plaintiff tenant to allow access to the leased premises for environmental testing related to redevelopment.

The landlord relied on a lease provision requiring the tenant not to hinder redevelopment.

The court dismissed the motion, finding that the lease provision did not grant the landlord a right of access, the landlord's case on the merits was weak, and there was insufficient evidence of irreparable harm.

The applicant developer sought leave to issue a certificate of pending litigation (CPL) against a condominium unit it had sold to the respondent, alleging the agreement of purchase and sale was induced by fraudulent representations concerning a larger contemplated purchase of additional units.

The applicant sought rescission and claimed the respondent held the unit in constructive trust.

The court held that the applicant had established a triable issue and a claim to an interest in land for CPL purposes.

However, applying equitable discretion and the Dhunna factors, the court concluded that the property was not unique to the applicant, damages were readily calculable, and the respondent would suffer greater harm due to a pending sale to a third party.

The motion for leave to issue a CPL was therefore dismissed.