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Beit Midrash
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- Chemdat Yamim
- P'ninat Mishpat
Ruling: [Much of the ruling deals with technical analysis, and this is not the place to review it. We will focus on principles of Halacha and jurisprudence.]
Beit din agreed not to rely on pl’s expert and had the sides pay for a court-appointed expert, whose identity the sides agreed to. Because the sides were hesitant to pay the costs of this investigation, beit din set out the following rule. If the findings are in support of one side, then the other side shall reimburse him for his half of the expense of the expert.
The expert found that the areas of seepage are in pl’s side of the roof, in addition to flaws in the water insulation of the wall, which he surmises was caused when pl drilled into the wall. Pl pointed out what he alleges are several flaws in the expert’s report, but the expert answered his questions, albeit not to pl’s satisfaction. Since all agreed in advance to the expert, we accept his findings and see no grounds to obligate def.
We move now to the counterclaims. There are signs that the actions that def took to improve the insulation on his side were partially successful. Therefore, we cannot view them as groundless and make pl pay for them. After the expert suggested that there is liable to be damage in the future by means of the wall, def demanded payment to deal with that. We do not accept this claim because the expert was not authorized to determine who caused flaws but only to find where the leaks are. Additionally, the expert did not even say that there was presently seepage from the wall but only that there could be in the future. Regarding the need for the wall, during the inspection, def said twice that he built it for privacy, and therefore it is troubling that his lawyer demands compensation as if it were done to protect pl from leakage. Therefore, no counterclaims are accepted.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
713 - Is Continuing to Work in a Different Capacity Like Being Fired?
714 - Who’s Responsible for the Leak?
715 - Was the Garden Included?
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat A Commercial Rental for a Closed Business – part II
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Rabbis in Midrash
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