2 total
Summary judgment granted to sellers in aborted real estate transaction; purchaser knew true zoning before offering.
The plaintiffs brought a motion for summary judgment against the defendant purchaser after an aborted real estate transaction.
The defendant claimed she refused to close because the property was zoned W2 rather than residential as advertised on the MLS listing.
Following a mini trial to assess credibility, the court found text message evidence proved the defendant discovered the true W2 zoning before submitting her offer and was pleased with it.
The court concluded the defendant did not rely on the MLS representation, granted summary judgment to the plaintiffs, and awarded damages for the difference in resale price and carrying costs.
Insured awarded ongoing income replacement and rehabilitation benefits for post-traumatic fibromyalgia and chronic low back pain.
The applicant was injured in a minor rear-end motor vehicle accident and subsequently developed chronic pain and fibromyalgia.
The insurer terminated his weekly income replacement benefits after a DAC assessment concluded he could return to work.
The arbitrator found that the applicant sustained an impairment in his lower back arising from the accident, which caused a substantial inability to perform the essential tasks of his employment as an assembly line worker.
The arbitrator also found that the applicant suffered from post-traumatic fibromyalgia.
The applicant was awarded ongoing income replacement benefits, costs for a physical fitness programme, expenses for attending a Fibromyalgia Outpatient Programme, partial housekeeping expenses, interest, and arbitration expenses.
