Paul Pape

The plaintiff landlord terminated a commercial lease after a dispute over plumbing alterations for a hand-sink.

The landlord brought a motion for summary judgment for damages, and the defendant tenants cross-moved for summary judgment on their counterclaim for improper termination.

The court found that the tenant was taking reasonable steps to cure the alleged default within the notice period, making the landlord's termination premature and unjustified.

The landlord's action was dismissed, and the tenants were granted summary judgment on liability, with the assessment of damages referred to trial.

The defendants in multiple related actions brought motions for summary judgment against the Pichelli plaintiffs, who were investors in a real estate development project.

The plaintiffs alleged that the developers (the Vuletics), a title holder (Kegalj), and the developers' lawyers (the Adairs) engaged in fraudulent and improper conduct.

The court granted summary judgment dismissing the claims against the Adair defendants, finding that the lawyers owed no duty of care to the non-client investors.

The court also granted summary judgment dismissing the claims against Kegalj, finding no relationship or duty owed to the plaintiffs.

However, the court dismissed the Vuletics' motion for summary judgment, finding that genuine issues of credibility and conflicting versions of the lot purchase agreements required a trial.

The plaintiffs entered into a complex series of agreements to purchase a commercial property from the defendants.

The plaintiffs advanced approximately $2 million to the defendants prior to closing.

The transaction failed to close on the extended closing date of September 18, 2015.

The court found that neither party was ready, willing, and able to close on that date, as the plaintiffs lacked financing and the defendants' tender was deficient.

The court determined that $1,735,000 of the advanced funds was a loan bearing 12% interest, for which the individual defendants were jointly and severally liable, and the remaining $225,000 was a deposit.

The court ordered the return of all funds to the plaintiffs, lifted the certificate of pending litigation, and dismissed the defendants' counterclaim for damages.