Elekima v. Abbey Road Condominium Ass'n

DOYLE, Presiding Judge.

Precious Elekima appeals from the grant of summary judgment to Abbey Road Condominium Association, Inc. (“the Association”), in his suit against it for damages arising from an alleged constructive eviction. Elekima contends that the trial court erred by ruling that his suit was barred because his claims should have been asserted as compulsory counterclaims in a prior successful action against him by the Association. For the reasons that follow, we reverse.

To prevail at summary judgment under OCGA § 9-11-56, the moving party must demonstrate that there is no genuine…