D’Ambrosio Brown Secures Win in High-Stakes Commercial Lease Litigation
Representing a commercial tenant – a federally-regulated broker dealer – D'Ambrosio Brown Attorneys secured the termination of a triple-net multi-year lease that was hampering the company and its business operations. Following Hurricane Irene, the leased premises suffered flooding and onset of mold in a portion of its rental space. The landlord delayed on repairs, passing blame to others and argued the affect on the tenant was minimal and resolved by a rental adjustment. D'Ambrosio Brown Attorneys filed suit in Essex County Superior Court, arguing that under the Dependent Covenant Rule, the Court should terminate the tenant’s obligations under the lease, and also award damages. The Court agreed and ruled that the lease was terminated, resulting in the tenant’s relief from the lease and nearly one million dollars in potential liability in future lease payments. The Court also ordered that the tenant be awarded monetary damages. See Investors Capital Corporation v. Montrachet Realty LLC, Essex Superior Court Civil Action No. ESCV2012-00022.