Trishe Hynes Wins Summary Judgment Motion
Congratulations go out to Trishe Hynes who was assigned a rather wonky real property action against the insured, Josephine Tufel, the owner of her condominium unit. A leak was found inside the building right behind her kitchen sink in a common area and they sought specific performance to remove her sink, make the repairs and then have her incur the costs associated with those repairs. The plaintiff then filed a summary judgment motion and Trishe fought right back with cross-motion for summary judgment of her own. In a decision dated October 12, 2023, Judge Hal Greenwald not only denied plaintiff’s summary judgment, but he also granted her cross-motion directing that the plaintiff will pay for any replacement ALL costs associated with making the repair, including removal of the kitchen cabinets and fixtures, accessing the line through the wall, cleanup of any demolition, closing the wall, reinstalling the cabinets and any fixtures that were removed, and debris clean-up after reinstallation.