After a seven day trial in Connecticut Superior Court to enforce development and construction loans, we successfully defended counterclaims by the developer that included claims of bad faith, breach of fiduciary duty, unfair business practice, misrepresentation and tortious interference. The Connecticut Appellate Court sustained a judgment in favor of our client and rejected the developer’s allegations that our client had engaged in misconduct. Webster Bank, N.A. v. GFI Groton, LLC, 157 Conn. App. 409 (2015).
We successfully obtained a judgment in favor of our client involving a failed 108-unit housing development. After a ten-day trial, we recovered a $4.8 million judgment for our client, plus attorneys’ fees, and defeated entirely a $5.8 million counterclaim asserted by the developer alleging breach of contract, breach of the implied covenant of good faith and fair dealing, and Mass. Gen. Laws c. 93A. We previously eliminated a number of claims on summary judgment, and we won our motion to strike the jury claim. Webster Bank, N.A. v. Steven E. Goodman and Village on the Common, LLC, Suffolk Superior Court, C.A. No. 2011-0761-A (2014).
This case involved a complaint against individual guarantors on behalf of our client to recover a substantial deficiency balance arising from a foreclosure sale of two commercial office buildings. Two of the guarantors asserted counterclaims against our client alleging failure to act with commercial reasonableness in conducting the foreclosure sale. The Barnstable Superior Court granted our client’s summary judgment motion on all of its claims and on the counterclaims. Customers Bank v. Gable, et al, Barnstable Superior Court, C.A. No. 2013-00645 (2014).
Disclaimer: Each case has its own specific facts and legal issues. We cannot guarantee success in every individual matter.