Commercial Landlord-Tenant—Certificate of Occupancy (CO) Required Only Residential Use—Tenant’s Lease Required Premises To Be Used Only For “General Offices Of An Executive Recruiting Firm”—Tenant Requested Landlord To Amend CO—Landlord Allegedly Refused—Tenant Vacated the Premises and Sued For Rescission, A Declaratory Judgment That Lease Was Invalid and Breach of Contract—Landlord Counter-Claimed For Breach of Contract and Breach of Covenant of Good Faith and Fair Dealing—”No Hard and Fast Rule on the Subject of Rescission”—Issues of Fact As to Frustration of Purpose, Rescission and Breach of Contract
A PLAINTIFF COMMERCIAL TENANT appealed from a trial court order, to the extent that the trial court denied the tenant’s cross motion for summary judgment on its claims for rescission and for a declaratory judgment, declaring that the subject lease “is valid and enforceable” and had “granted [landlord's] motion for summary judgment dismissing the amended complaint” and granting the landlord summary judgment on its breach of contract counterclaim.
