Michael F. Cooper

The plaintiff sued multiple defendants for damages arising from the termination of a commercial sublease for a race shop.

Two defendants, who managed the plaintiff's race car under a separate services agreement, moved for summary judgment to dismiss the claims against them.

The court found that the moving parties were not parties to the sublease and had no obligation under the services agreement to obtain an occupancy permit for the premises.

The court also dismissed the claims for negligent misrepresentation, intentional interference with economic relations, and trespass due to a lack of evidence.

The motion for summary judgment was granted, and the action against the moving parties was dismissed.

The defendants successfully resisted a portion of the plaintiff's motion for summary judgment regarding a fraudulent conveyance claim.

The successful defendant sought costs on a substantial indemnity basis, relying on an offer to settle that reflected the procedural result but contained no financial proposal.

The plaintiff argued for costs in the cause or a reduced partial indemnity award.

The court awarded the defendant costs on a partial indemnity basis, fixed at $7,500 inclusive of disbursements and taxes.

The plaintiff bank brought a motion for summary judgment against the defendants for debts owed on guarantees and to set aside a property transfer as a fraudulent conveyance.

The defendants acknowledged the debt but opposed summary judgment on the fraudulent conveyance claim, arguing the transfer to the spouse was done for estate planning and financing purposes following a severe cancer diagnosis.

The court granted summary judgment for the debt but dismissed the motion regarding the fraudulent conveyance, finding that a trial was necessary to properly assess credibility and intent.