The plaintiff, a commercial landlord, moved for summary judgment against the defendants for breach of a lease agreement.
While the breach was undisputed, the live issues concerned damages and the defendants' counterclaim.
The court dismissed the motion for summary judgment, finding that genuine issues requiring a trial existed, particularly regarding the plaintiff's mitigation efforts and the defendants' counterclaim for premises maintenance issues.
The court determined that these issues involved conflicting evidence and credibility assessments that could not be fairly resolved on the motion record alone, necessitating *viva voce* evidence at trial.
