Kimmel, T. v. III Tomato, Inc.
1016 WDA 2015
| Pa. Super. Ct. | Oct 18, 2016Background
- Confessed judgment entered against III Tomato under a commercial lease (Feb 28, 2011) for $52,347.35 including rent, air conditioning repair, and fees.
- Lease term five years (Mar 1, 2011–Feb 28, 2016) for a 3,500 sq ft storefront with common parking.
- Kimmels (landlords) alleged default for failure to insure, unsafe oven, poor maintenance of premises, roof/AC issues, late rent, and repair costs.
- Appellant alleged landlords breached the lease (parking lot maintenance, roof leaks, failed AC repair, light pole) causing damages over $50,000 and rent withholding.
- Appellant escrowed rent at times; eventually vacated in Oct 2014; petition to open/strike judgment was denied May 29, 2015; appeal followed.
- Court’s core task was whether the petition to open the confessed judgment showed a meritorious defense and prompt action to go to a jury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the petition to open confessed judgment was proper. | Kimmel(s) breached the lease (parking, roof, AC) and warrant withholdings. | Appellant maintained meritorious defenses, including habitability issues and withholdings. | No meritorious defense proven; petition to open denied. |
| Whether constructive eviction was pleaded sufficiently. | Appellant argued defects breached quiet enjoyment and justified withholding. | Petition failed to plead constructive eviction with specificity. | Constructive eviction not pled with required precision; not a meritorious defense. |
| Whether damages resembled set-offs rather than defenses to rent. | Damages from landlord breaches relieve rent obligation. | Damages are affirmative defense/set-off, not liquidated counterclaims. | Fees and damages treated as not proper set-offs; no meritorious defense. |
Key Cases Cited
- Pugh v. Holmes, 405 A.2d 897 (Pa. 1979) (implied warranty of habitability and landlord–tenant duties)
- Stonehedge Square Ltd. Partnership v. Movie Merchants, Inc., 715 A.2d 1082 (Pa. 1998) (breach of repair/maintain obligations; surrender considerations)
- Sears, Roebuck & Co. v. 69th Street Retail Mall, L.P., 126 A.3d 959 (Pa. Super. 2015) (constructive eviction requires extreme interference with quiet enjoyment)
- Ecumenical Enterprises, Inc. v. NADCO Const., Inc., 385 A.2d 392 (Pa. Super. 1978) (petition to open must set forth defenses precisely and clearly)
- Seeger v. First Union Nat. Bank, 836 A.2d 163 (Pa. Super. 2003) (meritorious defense requires defense, not mere assertion)