The plaintiff landlord brought a motion for summary judgment against a commercial tenant and its guarantor for unpaid rent and related damages under a lease agreement.
The defendants resisted the motion and sought an order compelling the plaintiff to produce an affidavit of documents, while also advancing a counterclaim alleging that the landlord interfered with a proposed assignment of the lease to new tenants.
The court held that the evidentiary record, including affidavits, cross-examinations, and correspondence, provided a sufficient basis to determine the issues without a trial.
The court rejected the counterclaim, finding the allegation that the landlord’s lawyer discouraged prospective purchasers by misstating arrears lacked evidentiary support.
Summary judgment was granted for the landlord, including damages for arrears and mitigation-adjusted future rent.
