PA REALTY ABSTRACT CO. OF SPRINGFIELD v. SEVENSON ENVIRONMENTAL SERVICES, INC.

Filing 44

MEMORANDUM AND/OR OPINION ORDER THAT PART OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (DOC. NO. 26) SEEKING THE ENTRY OF JUDGMENT AS A MATTER OF LAW AS TO THE ENFOCEABILITY OF THE COMMISSION AGREEMENT IS DENIED. THE PART OF PLAINTIFF'S MOTIO N FOR SUMMARY JUDGMENT (DOC. NO. 26) SEEKING THE ENTRY OF JUDGMENT ON DEFENDANT'S AFFIRMATIVE DEFENSE THAT THE COMMISSION AGREEMENT IS UNFORCEABLE DUE TO A FRAUDULENT OR MATERIAL MISREPRESENTATION MADE BY ALEX PETROSKI IS DENIED. THE PART OF PLA INTIFF'S MOTION FOR SUMMARY JUDGMENT (DOC. NO. 26) SEEKING THE ENTRY OF JUDGMENT AS TO DEFENDANT'S AFFIRMATIVE DEFENSES BASED ON COLORADO PUBLIC POLICY, FAILURE OF CONSIDERATION, AND MUTUAL MISTAKE OF FACT IS GRANTED; AND DEFENDANT SEVENSON ENVIRONMENTAL SERVICES, INC.'S CROSS-MOTION FOR SUMMARY JUDGMENT (DOC. NO. 30) IS DENIED. SIGNED BY HONORABLE JAN E. DUBOIS ON 7/10/2014. 7/11/2014 ENTERED AND COPIES E-MAILED. (ems)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PA REALTY ABSTRACT CO. OF
SPRINGFIELD,
Plaintiff,

CIVIL ACTION

v.
NO. 12-4171
SEVENSON ENVIRONMENTAL
SERVICES, INC.,
Defendant.
ORDER
AND NOW, this 10th day of July, upon consideration of Plaintiff’s Motion for Summary
Judgment (Document No. 26, filed November 15, 2013), Defendant Sevenson Environmental
Services, Inc.’s Answer to Plaintiff’s Motion for Summary Judgment (Document No. 28, filed
December 23, 2013), Defendant Sevenson Environmental Services, Inc.’s Cross-Motion for
Summary Judgment (Document No. 30, filed December 23, 2013), Plaintiff’s Reply to
Defendant’s Cross-Motion for Summary Judgment (Document No. 33, filed January 13, 2014),
and Defendant Sevenson Environmental Services, Inc.’s Memorandum of Law in Reply to
Memorandum of Law in Support of Plaintiff’s Reply to Defendant’s Cross-Motion for Summary
Judgment (Document No. 36, filed January 30, 2014), for the reasons set forth by Memorandum
dated July 10, 2014, IT IS ORDERED as follows:
1.

That part of Plaintiff’s Motion for Summary Judgment (Document No. 26)

seeking the entry of judgment as a matter of law as to the enforceability of the Commission
Agreement is DENIED;
2.

That part of Plaintiff’s Motion for Summary Judgment (Document No. 26)

seeking the entry of judgment on defendant’s Affirmative Defense that the Commission
Agreement is unenforceable due to a fraudulent or material misrepresentation made by Alex

Petroski is DENIED;
3.

That part of Plaintiff’s Motion for Summary Judgment (Document No. 26)

seeking the entry of judgment as to defendant’s Affirmative Defenses based on Colorado public
policy, failure of consideration, and mutual mistake of fact is GRANTED; and
4.

Defendant Sevenson Environmental Services, Inc.’s Cross-Motion for Summary

Judgment (Document No. 30) is DENIED.

BY THE COURT:

Hon. Jan E. DuBois
DuBOIS, JAN E., J.

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