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James Lammendola James M. Lammendola

A thought-provoking nonprecedential opinion on the issue of election of remedies pursuant to a commercial lease was recently decided by the Superior Court. The court affirmed in part and reversed in part an approximately $4 million judgment in favor of Gamesa Energy USA and Gamesa Technology Corp. in the matter of Gamesa Energy USA and Gamesa Technology v. Ten Penn Center Associates and SAP V Ten Penn Center, 2018 Pa. Super 59. The large award, entered by the Philadelphia Common Pleas Court pursuant to a bench trial, consisted of $265,460 for lost rent but most of the balance of the judgment was based on unjust enrichment.

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