Julian Thomas Emilio Cosentino

This case involved two applications concerning the estate of Leslie Salga, primarily disputing the ownership of the matrimonial home.

The Salga applicants (daughters of the deceased) sought a declaration that a joint tenancy between their father and his wife, Karen Marley, was severed, allowing Leslie Salga's half-interest to pass through his will to them.

Karen Marley sought a declaration of sole ownership by right of survivorship or, alternatively, an increased share due to unjust enrichment and capital improvements.

The court found that the joint tenancy was severed by a "course of dealing" between Leslie Salga and Karen Marley, evidenced by the will and a recorded conversation, establishing a tenancy in common.

Consequently, Leslie Salga's half-interest became part of his estate.

The court dismissed the Salga applicants' request to force the immediate sale of the property, upholding Karen Marley's life interest as per the will.

Karen Marley's claims for unjust enrichment and capital improvements were also dismissed.

A contractor sought a declaration enforcing a construction lien for unpaid excavation and waterproofing work performed on a residential property.

The homeowners counterclaimed, alleging the work failed to stop existing basement leaks and caused additional water infiltration due to an improperly functioning drainage system.

After reviewing expert evidence, photographs, and testimony regarding the installation of weeping tiles, grading, and waterproofing, the court found the contractor failed to fulfill its contractual obligation to stop the leaks.

The evidence established that water infiltration continued and a new leak developed after the work, requiring a complete replacement of the waterproofing and drainage system by another contractor.

The court dismissed the lien claim and awarded damages representing the reasonable cost of the replacement work, less the original contract amount and unrelated improvements.