cook v johnson comm housing, No. 22-cv-3458 (Vt. Super. Ct. 2025)

Citation: cook v johnson comm housing, No. 22-cv-3458 (Vt. Super. Ct. 2025)
Parent Document: cook v johnson comm housing, No. 22-cv-3458 (Vt. Super. Ct. 2025)
Jurisdiction: Vermont (state)
Effective Date: 2025-10-03
Original Source: https://www.vermontjudiciary.org/media/19496 ↗

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Defendant Alliance seeks partial summary judgment on the contract/warranty and
consumer fraud claims. As to the consumer fraud claim, it contends that it did not represent the
window screens as safety devices. As to the contract/warranty claim, it argues that any issues
with the window screen did not render the apartment uninhabitable, and that the damages
Plaintiffs seek cannot be recovered in a breach of contract claim. Furthermore, Alliance argues
that those same two claims fail as to Mr. Cook for the additional reason that he was not a party to
the lease and did not live at the apartment prior to Aria’s fall.

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