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Around The Firm
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Jeffrey P. Downer and Michael A. Guadagno won summary judgment of dismissal of Sakellis v. Re/Max, a real-estate malpractice action. Jeff and Mike’s clients, the listing real estate agent and broker, were sued for negligent misrepresentation in the sale of a duplex. The agent prepared a flyer that described the property as “two homes” and said that it was zoned duplex. In fact, the second unit was an illegal duplex that the zoning did not allow. However, plaintiff conceded at deposition that he agreed in the purchase and sale agreement that he would not rely on such representations and instead would inspect and investigate the property fully. Jeff and Mike moved for summary judgment on that ground, and because plaintiff’s own real estate agent established that the property was still worth what plaintiff had paid. The court granted the motion and dismissed the action. ... Jeff Downer and Mike Guadagno also obtained a nuisance-value settlement in Lukoff v. MFI, a personal-injury claim arising from a foreign object in food. Plaintiff claimed extensive dental damage and demanded $130,000. His counsel violated several discovery rules and a discovery order. Plaintiff’s counsel then failed to cancel the IME physician’s deposition in a timely manner, so Jeff and Mike asked the court to order him to pay the physician’s $3800 fee, which the court ordered be paid by the start of trial. At the start of trial, Jeff and Mike moved to dismiss because the fee had not been paid, so that plaintiff had violated yet another order. The court held that the fee would be paid within four hours, or the action would be dismissed. The case settled cheaply 30 minutes later.
| The Lee
Smart Quarterly is a publication of the law offices of Lee Smart, P.S., Inc. for clients and others. It is intended
as general information only and is not to be construed as legal advice.
You should consult an attorney if you have any specific legal questions. |
| Editor:
Jeffrey P. Downer |
Eml:
jpd@leesmart.com
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| Phone:
206.621.3482 |
Toll
Free: 877.624.7990 |
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