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Board Of Trustees Of The Exchange Street Lofts Condominium Trust Vs. Board Of Trustees Of The 90 Exchange Street Condominium Trust Et Al

Case Last Refreshed: 10 months ago

Board Of Trustees Of The Exchange Street Lofts Condominium Trust, filed a(n) Liens - Creditor case represented by Kelley, Esq., Laurence Michael, against 90 Exchange Llc, Bedard, Jonathan, Board Of Trustees Of The 90 Exchange Street Condominium Trust, represented by Bedard, Patrick S, Bobrow, Esq., David Jesse, Kelley, Esq., Laurence Michael, in the jurisdiction of Essex County, MA, . Essex County, MA Superior Courts with John T. Lu presiding.

Case Details for Board Of Trustees Of The Exchange Street Lofts Condominium Trust v. 90 Exchange Llc , et al.

Filing Date

September 23, 2016

Category

Real Property

Last Refreshed

July 12, 2023

Practice Area

Creditor

Filing Location

Essex County, MA

Matter Type

Liens

Parties for Board Of Trustees Of The Exchange Street Lofts Condominium Trust v. 90 Exchange Llc , et al.

Plaintiffs

Board Of Trustees Of The Exchange Street Lofts Condominium Trust

Attorneys for Plaintiffs

Kelley, Esq., Laurence Michael

Defendants

90 Exchange Llc

Bedard, Jonathan

Board Of Trustees Of The 90 Exchange Street Condominium Trust

Attorneys for Defendants

Bedard, Patrick S

Bobrow, Esq., David Jesse

Kelley, Esq., Laurence Michael

Case Documents for Board Of Trustees Of The Exchange Street Lofts Condominium Trust v. 90 Exchange Llc , et al.

Original civil complaint filed.

Date: September 23, 2016

Case Events for Board Of Trustees Of The Exchange Street Lofts Condominium Trust v. 90 Exchange Llc , et al.

Type Description
Docket Event Event Result:: Conference to Review Status scheduled on: 06/15/2021 02:00 PM Has been: Not Held For the following reason: By Court prior to date Comments: Converted to Trial Readiness Conference. Hon. John T Lu, Presiding Staff: Stefano J Cornelio, Assistant Clerk Magistrate

Judge: Lu, John T

Docket Event Scheduled: Judge: Lu, Hon. John T Event: Trial Readiness Conference Date: 06/15/2021 Time: 02:00 PM

Judge: Lu, John T

Docket Event The following form was generated: Notice to Appear Sent On: 03/05/2021 16:07:26 Notice Sent To: Laurence Michael Kelley, Esq. Laurence M Kelley Attorney At Law 14 Lynde St, Salem, MA 01970 Notice Sent To: David Jesse Bobrow, Esq. Bedard and Bobrow, P.C. PO Box 366 9 Bradstreet Lane, Eliot, ME 03903 Notice Sent To: Patrick S Bedard P.O.Box 366 9 Bradstreet Lane, Eliot, ME 03903
Docket Event The following form was generated: Notice to Appear for Final Pre-Trial Conference Sent On: 03/05/2021 16:06:16 Notice Sent To: Laurence Michael Kelley, Esq. Laurence M Kelley Attorney At Law 14 Lynde St, Salem, MA 01970 Notice Sent To: David Jesse Bobrow, Esq. Bedard and Bobrow, P.C. PO Box 366 9 Bradstreet Lane, Eliot, ME 03903 Notice Sent To: Patrick S Bedard P.O.Box 366 9 Bradstreet Lane, Eliot, ME 03903
Docket Event Event Result:: Jury Trial scheduled on: 03/22/2021 09:00 AM Has been: Rescheduled For the following reason: Joint request of parties Hon. Kathleen McCarthy-Neyman, Presiding Staff: Stefano J Cornelio, Assistant Clerk Magistrate
Docket Event Endorsement on Motion to continue / reschedule an event (#30.0): ALLOWED
Docket Event Defendant Board of Trustees of the 90 Exchange Street Condominium Trust's Joint Motion to continue / reschedule an event 03/22/2021 09:00 AM Jury Trial
Docket Event SUMMARY JUDGMENT for Defendant(s), 90 Exchange LLC against Plaintiff(s), Board of Trustees of the Exchange Street Lofts Condominium Trust, without statutory costs.It is ORDERED and ADJUDGED: The court, John T. Lu, Justice of the Superior Court, having allowed, in part, Defendants' Motion for Summary Judgment, it is ORDERED and ADJUDGED that Count I (Negligence - As to Defendant 90 Exchange LLC) of Plaintiff Board of Trustees of the Exchange Street Lofts Condominium Trust's Amended Complaint against Defendant 90 Exchange LLC shall be, and hereby is, DISMISSED. Counts II and III of Plaintiff's Amended Complaint remain active and pending.
Docket Event Endorsement on Motion to confirm (#25.6): for an Order that the Pending Claims of Piercing the Veil (if still pending after the Defendants' motion for summary judgment) and for declaratory judgment are not entitled to a jury trial ALLOWED The opposition does not cite any authority that undermines the defendant's position that piercing the corporate veil and a declaratory judgment are solely equitable and do not carry with them a right to a bench trial.
Docket Event Endorsement on Motion for summary judgment, MRCP 56 (#25.0): ALLOWED as to Count I which is a claim for simple negligence in repairs and record keeping and conduct of the disclosure duties of the 90 Exchange Street Condominium Trust because the plaintiff acquired an interest in that condominium that did not include the right to sue for negligence because of Article II (Board of Trustees), Section 14, Vol. I Appendix Bates Stamp Page 70: [Trustees] shall not be liable to the Unit Owners for...negligence...otherwise, the motion for summary judgment is DENIED.
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