March 2007 Archives

Tenant Expelled from Ship Is Entitled to Residency Payment

March 20, 2007

Plaintiff, a luxury ship owned and used by its residents, sought to expel defendant, a resident, for improper conduct. Because the court found that the resident compromised the safety and comfort of other residents, in violation of the ship's rules, the ship's board acted in its discretion. Nonetheless, the court directed that defendant was entitled to compensation for his unit as the rental income was insufficient to cover his costs and resale was not likely to be achieved.

No Default Found Where Bank Failed to Deduct Payments

March 7, 2007

Bank sued homeowner for default of a mortgage. Defendant homeowner claimed that bank failed to deduct the monthly payments automatically as was agreed to between the parties. The court held that because homeowner attempted to make payments, and in fact made some of the payments manually, and that the mortgage payments were at all times available in his account, bank was unable to establish a default. (March 2007)