The plaintiff condominium corporation brought an action for $75 million in damages for construction deficiencies against 53 defendants.
One defendant, Liberty Development Corporation, brought a motion for summary judgment to dismiss the claims against it, arguing it had no contractual or operational connection to the project.
The plaintiff brought a preliminary motion to admit an expert report, which was dismissed for failing to meet the Mohan criteria.
The court dismissed Liberty's motion for summary judgment, finding genuine issues requiring trial regarding Liberty's operational involvement, representations of its involvement, and its relationship with the construction manager.
The court also held that partial summary judgment was not advisable in the context of the litigation as a whole due to the risk of duplicative and inconsistent findings.