The applicant, Gloucester Gate Inc., sought declarations of default and an order for vacant possession against a co-owner, Joseph Parlato, for unpaid plumbing repair costs and escalating legal fees.
Parlato initially failed to reimburse for repairs but subsequently paid the initial demand, including legal costs, under protest.
The court found that while Parlato was initially in breach, this default was cured by his payment.
The court determined that subsequent demands for "authorization" to release funds from counsel's trust account and additional legal/plumbing costs were unnecessary and prolonged the dispute.
The Corporation's application for further relief was dismissed, and Parlato was granted a refund for the additional amounts paid.
