Donnelly Real Estate, LLC v. John Crane Inc.

Syllabus

The plaintiff, Donnelly Real Estate, LLC, appealed from a Superior Court judgment in favor of the defendant, John Crane Inc., following the grant of summary judgment and motions to strike in favor of the defendant. On appeal, the plaintiff argued that the hearing justice erred in granting the defendant's motions to strike and in granting defendant's motion for summary judgment on all five counts. <br><br>The Supreme Court held that the hearing justice's grant of the defendant's motions to strike was not an abuse of discretion. The Court was evenly divided with respect to the plaintiff's challenge to the Superior Court's grant of summary judgment in favor of the defendant on counts I-IV. Finally, the Supreme Court concluded that the hearing justice erred in granting the defendant's motion for summary judgment for count V because whether the defendant breached the lease agreement and the existence and amount of any damages therefrom remained a genuine issue of material fact. <br><br>Accordingly, the Supreme Court affirmed in part and vacated in part the judgment of the Superior Court and remanded the case for further proceedings. <br>