Sean Phelan obtained summary judgment resulting in the dismissal of all License and Inspection violation claims asserted against a commercial real estate client. The claims involved alleged damages exceeding $3.3 million and were scheduled for trial in the Philadelphia Court of Common Pleas.
The defense filed a motion for summary judgment and supporting briefs shortly before trial. The motion established that the named defendant had formally merged into a successor entity years before the first alleged violation. As a result, the defendant identified in the action did not exist as a separate legal entity during the relevant period.
The defense also demonstrated that the client did not legally own or possess the premises at issue. Relying on the Uniform Condominium Act and related case law, the motion showed that the client could not be held responsible for the alleged violations as a matter of law.
The Court granted summary judgment and dismissed all claims against the client, eliminating the claim for damages against the client in excess of $3.3 million.
