The landlord brought a motion for summary judgment seeking unpaid rent, damages, and dismissal of the tenant’s counterclaim following termination of a commercial lease for alleged rental arrears.
The tenant denied arrears, disputed the landlord’s calculations, and brought a cross‑motion for summary judgment claiming the termination was wrongful and seeking damages.
The court applied the summary judgment framework from Combined Air Mechanical Services Inc. v. Flesch and found numerous factual disputes concerning rent calculations, alleged credits, additional charges, and whether the landlord had the right to terminate the lease.
Because a full appreciation of the evidence could not be achieved on the motion record, the matter required a trial.
Both parties’ motions for summary judgment were dismissed.
