Walsworth Attorneys Obtain Summary Judgment for Clients in Complex Real Estate Investment Case

Walsworth Partner Anna Greenstin Kudla and Associate Allegra Dariev recently obtained summary judgment for a well-known commercial real estate agency and listing agent in a real estate investment lawsuit, in which the plaintiffs alleged intentional misrepresentation.

The plaintiffs alleged they were misled when purchasing 4.5 acres of land with two large structures, and finding out the property lacked certain permits, allegedly not suitable for investment needs.

Ms. Greenstin Kudla elicited many key admissions establishing the sophistication of the buyers, legitimacy of the disclosures provided by the clients, and use of the property post close of escrow, during the plaintiffs’ multiple deposition sessions. She then used that testimony to support the Firm’s clients’ motion for summary judgment while also successfully opposing another cross defendants summary judgment filed earlier against Walsworth’s clients.

Ms. Dariev assisted with crafting legal arguments intertwining the written evidence and deposition testimony. Based on their legal analysis and presentation, the court held the listing broker properly administered her professional duties, and confirmed there were no misrepresentations. As such, it was held that plaintiffs failed to meet their burden of proof and the matter was disposed of in favor of the defense.

Motion for summary judgment asks the court for a judgment on the merits of the case before the trial, making it the most difficult motion to prepare, let alone win. With the assistance of a talented team of paralegals and support staff, Ms. Greenstin Kudla and Ms. Dariev were able to convince the court to dispose of the case based on the law and strategic evidence presented in their moving papers, subsequent briefing, and oral arguments.

Walsworth is very proud of Ms. Greenstin Kudla, Ms. Dariev, and members of the Firm’s staff for their exceptional work on this case. For more information or specific guidance, please contact Elizabeth Huynh.