The plaintiff landlord and defendant tenant brought cross-motions for summary judgment in an action for breach of a commercial lease agreement.
The dispute centered on whether a binding lease existed for the expansion of the tenant's premises and whether the tenant breached duties of good faith and honest performance by secretly securing an alternative location while delaying the provision of design information.
The court dismissed both motions, finding that the case presented a plethora of genuine issues for trial, including serious credibility issues, which could not be fairly and justly resolved using the summary judgment procedure.
