Scott E. Mollen
Commercial Landlord—Tenant-Lease Option to Renew Lacked Essential Element-Void and Unenforceable—Doctrine of Definiteness
A defendant landlord had moved for summary judgment on several counterclaims, arguing that there are no triable issues of fact “regarding the expiration of the lease and that a valid option to renew did not exist.” The landlord sought “use and occupancy,” attorney fees, a final judgment of possession and issuance of a warrant of eviction. It also sought dismissal of several of the tenant’s causes of action and affirmative defenses. The tenant opposed the landlord’s motions and cross-moved for summary judgment on its causes of action and for dismissal of the landlord’s counter-claims.
