Flaherty & Collins, Inc., v. BBR-Vision I, and New Castle Realty, LLC - 10/18/12

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Thursday  October 18, 2012 
11:00 AM  EST

11a.m. 49A05-1111-PL-569. BBR-Vision I, L.P. entered into a management agreement with Flaherty & Collins, Inc., whereby BBR-Vision I, L.P. hired Flaherty & Collins, Inc. to manage a low-income housing apartment complex owned and operated by BBR-Vision I, L.P. and its general partner, New Castle Realty, LLC. After an employee of Flaherty & Collins, Inc. altered the income certification documents of several tenants, BBR-Vision I, L.P. and New Castle Realty, LLC filed a five-count complaint against Flaherty & Collins, Inc. The parties filed cross-motions for partial summary judgment. The trial court denied Flaherty & Collins, Inc.’s motion for partial summary judgment, finding that the designated evidence established a claim and entitlement to damages under the Indiana’s Crime Victims Relief Act and that New Castle Realty, LLC has standing. The trial court granted BBR-Vision I, L.P. and New Castle Realty, LLC’s motion for partial summary judgment on their indemnity and fraud claims.

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