The Landlord, Daniels CCW Corporation, brought a motion for summary judgment against the Tenant, Larisa Shevchuk, and the Indemnifier, Emmanuel Paul, in a commercial lease dispute.
The Landlord sought damages for lost rents and pre-judgment interest after the Tenant defaulted on rent payments and the lease was terminated.
The Defendants admitted liability for arrears but disputed the claim for lost future rent, arguing failure to mitigate and improper damage calculation.
The court found the evidentiary record sufficient for summary judgment, rejecting the Defendants' arguments regarding mitigation and damage calculation, particularly given the re-letting of the premises.
The Landlord was granted judgment for $184,359.62.