Misny & Associates Co., LPA v. Aylstock, Witkin, Kreis & Overholtz, PLLC et al

Filing 67

Memorandum Opinion granting in part and denying in part defendant Aylstock, Witkin, Kreis & Overholtz's motion 51 for summary judgment. Genuine issues of material fact exist which make summary judgment inappropriate on Plaintiffs' ; claim for breach of contract. However, there are no questions of material fact regarding Plaintiffs' claims for conversion, quantum meruit and fraud and Defendant is entitled to summary judgment on those claims. Defendant Aylstock, Witkin, K reis & Overholtz's motion 60 to strike Declaration of Timothy Misny is denied. Plaintiffs' Motion for Default Judgment 48 is denied. Plaintiffs' Motion for Summary Judgment 48 on Defendant's Counterclaims is granted. This case remains set for jury trial at 8:30 a.m. on January 30, 2017, on Plaintiffs' breach of contract claim. Judge Donald C. Nugent 9/20/16(C,KA)

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