Joy Casey

In a complex, combined family and civil proceeding, the husband brought motions to further amend his pleadings and compel third-party financial disclosure shortly before a rescheduled trial.

The court dismissed the majority of the requested amendments, finding them to be an attempt to retool his narrative and expand the issues on the eve of trial.

The court ordered the third parties to file an affidavit regarding the availability of the requested records but relieved them from the balance of the summons.

Finally, the court ordered the wife to pay $40,000 in costs thrown away for a previously adjourned trial date.

Shareholder plaintiffs brought a motion seeking injunctive relief to preserve proceeds from the sale of corporate property pending determination of their claim to the funds.

The defendants requested an adjournment to permit cross-examinations on affidavits and argued that funds remaining in the corporation’s bank account were sufficient to satisfy the claim.

The court granted the adjournment but imposed protective terms requiring the shareholder defendants to repay missing proceeds into the corporate account and prohibiting any withdrawal or dissipation of the full proceeds pending the motion’s return.

The court also ordered that the corporation’s business affairs remain at status quo and that no corporate actions be taken without unanimous shareholder consent or further court order.

The plaintiff, an engineering and consulting company, brought an action against the defendant for breach of an oral agreement regarding the upgrade of a test panel for an aerospace project.

The plaintiff sought payment for three outstanding invoices.

The defendant counterclaimed, alleging the plaintiff abandoned the project and failed to complete the original scope of work, which the defendant argued included a real-time computer and full automation.

The court found that the real-time computer and full automation were not part of the original scope of work and that the plaintiff did not abandon the project.

The court awarded the plaintiff $78,559.09 for the outstanding invoices and dismissed the defendant's counterclaim.

The Trustee in bankruptcy moved to strike portions of the respondent's affidavit filed in opposition to an application for partition and sale of a property.

The impugned portions contained allegations of misconduct and fraud by the Trustee in the administration of the estate.

The court held that while issues of admissibility are generally left to the judge hearing the main application, allegations that are clearly irrelevant, scandalous, and vexatious personal attacks on the Trustee must be struck in advance.

The motion was granted and the offending paragraphs were struck.