The defendant landlord moved for summary judgment to dismiss the plaintiff tenant's action for damages resulting from roof leaks and a non-operational gas line.
The court examined the commercial lease, which included "as is" clauses, a covenant for the tenant to obtain all-risk and business interruption insurance, and a waiver of liability.
The court found that the lease terms effectively allocated the risk of such losses to the tenant, regardless of the landlord's repair efforts or the tenant's failure to obtain the required insurance.
The distinction between business delay and business interruption was deemed immaterial.
The motion for summary judgment was granted, and the action was dismissed.
