The plaintiff landlord brought a motion for summary judgment for damages arising from an alleged breach of a commercial lease and sought dismissal of the defendants’ counterclaim.
The defendants alleged, among other things, that a large upfront payment characterized by the plaintiff as a lease commission was in fact a security deposit and raised claims of coercion, breach of trust, unequal bargaining power, and improper calculation of damages.
The court held that numerous genuine issues requiring a trial existed, including the nature of the disputed payment, credibility issues regarding the parties’ intentions, and the accuracy of damage calculations.
The court also dismissed summary judgment motions brought by third parties seeking dismissal of the third party claim.
Costs of $20,000 were awarded to the defendants.
