Harjinder Mann

The plaintiff, hired under a fixed-term agreement, was terminated after less than three months.

She brought a motion for summary judgment seeking damages for the unexpired term and potential renewal, arguing she was an employee and her termination was in bad faith.

The defendant argued she was an independent contractor or legally terminated within probation.

The court found the plaintiff was an employee (applying issue estoppel from an ESA officer's decision) but dismissed her action, concluding that the early termination clause in the fixed-term agreement was clear and unequivocally applied, and no bad faith damages were warranted.

Homeowners brought a claim against a swimming pool installer for breach of contract regarding the installation of a pool and concrete patio that developed significant cracks due to inadequate base material and insufficient control joints.

The court found the installer liable for breach of express and implied warranties, rejecting the installer's reliance on exclusion clauses because the onerous terms were not brought to the homeowners' attention.

Damages were awarded for patio replacement, driveway repair, and other deficiencies.

The installer's counterclaim for extras and its third-party claim against the concrete supplier were dismissed.

The plaintiff invested in a limited partnership that purchased shares of a private corporation.

The investment failed, and the plaintiff sued the promoters, a minority shareholder who sold his shares, and the valuators who appraised the shares.

The minority shareholder and the valuators brought motions for summary judgment.

The court granted the motions, finding no evidence that the minority shareholder participated in any conspiracy or breached securities laws.

The court also found that the valuators owed no duty of care to the plaintiff, the plaintiff did not rely on the valuation, and any claim for negligent valuation belonged to the limited partnership under the rule in Foss v. Harbottle.