Andrew Carroll Secures Summary Judgment in Real Estate Case
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Andrew P. Carroll
Philadelphia Senior Attorney Andrew Carroll successfully secured a summary judgment ruling in a case involving a real estate transaction that never closed.
The case was initially filed in 2018 but wasn’t transferred to Carroll until 2022. It involved the sale of a property owned by Carroll’s client to a potential purchaser of the property, the plaintiff, who failed to meet the contractual deadlines. When the sale did not close, the property was sold to a different buyer.
The plaintiff proceeded to take legal action and extend discovery for the next four years despite lapsed case management deadlines. This included a campaign of discovery through multiple interrogatories, requests to produce, motions to compel, and depositions.
“When I got the case, I figured out what information the court had actually ordered and provided it. I then requested new case management deadlines, since the prior deadlines had lapsed over a year earlier,” Carroll said. “When Plaintiff tried to take several depositions and request more documents at the eleventh hour, I filed motions for protective order, to quash the subpoenas, and for summary judgment.”
The court granted all of Carroll’s discovery motions and the motion for summary judgment, which ended five years of discovery on a breach of contract, negligence, and breach of the duty of good faith and fair dealing matter.
“Given the costs of such protracted litigation, and my success in halting the discovery and dismissing the case, the client was very happy,” Carroll said.
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