A simplified procedure trial concerning alleged wrongful sale or removal of gym equipment following a commercial tenant lockout.
The corporate plaintiff sought damages for equipment leased to a fitness club, while the individual plaintiff claimed losses for equipment he personally owned.
Evidence revealed that the corporate plaintiff had been dissolved prior to the issuance of the claim, rendering its claim a nullity that could not be revived after the limitation period.
The court accepted that certain spin bikes and Cybex equipment personally owned by the individual plaintiff were wrongfully removed or sold by the defendants after the lockout.
Damages were assessed based on estimated market values derived from appraisals and auction evidence.
