2 total
Plaintiffs' action allowed to proceed at status hearing despite delay, as defendants suffered no non-compensable prejudice.
The plaintiffs commenced an action for professional negligence and breach of contract arising from a commercial real estate transaction.
After two years, a status notice was issued, and the plaintiffs requested a status hearing to prevent the action from being dismissed for delay.
The defendants opposed the continuation of the action, arguing the plaintiffs failed to adequately explain the delay or demonstrate an absence of prejudice.
The Master reviewed the conflicting jurisprudence on status hearings and concluded that, while the delay was problematic, the plaintiffs provided a sufficient explanation and the defendants suffered no non-compensable prejudice.
The action was allowed to proceed subject to a strict timetable.
Guarantors held liable for mortgage debt after court rejects attempt to deny guarantee.
The plaintiff investor advanced funds through three private mortgage loans totaling $130,000 to a borrower who subsequently defaulted.
The plaintiff discontinued the action against the borrower after being unable to locate and serve her and instead pursued guarantors who had executed a written guarantee of the mortgage debt.
The defendants attempted to resile from admissions in their pleadings that they had signed the guarantee and argued the documents should not bind them.
The court rejected their evidence, finding they knowingly executed the guarantee in exchange for the plaintiff forbearing from immediate enforcement of the mortgage debt.
Judgment was granted enforcing the guarantee and awarding the principal, contractual interest under the mortgages, and costs including a substantial indemnity component due to litigation misconduct.
