NNN 1818 Market Street LLC v. Kogan, Trichon & Wertheimer P.C.
43 Pa. D. & C.5th 181
Pennsylvania Court of Common P...2014Background
- Landlord and tenant entered a lease in 2009-2019 with KT&W succeeding MSTK&W as tenant.
- Tenant subleased 13–15 offices but could not sublease all unused space.
- Tenant's revenues declined in 2010–2012, leading to talks to reduce leased space; negotiations broke down in early 2013.
- Tenant vacated the premises in April 2013 and stopped paying rent from May 2013.
- Landlord sued for breach of contract and accelerated rent; tenant admitted no new agreement superseding the lease.
- Motion for summary judgment filed by Landlord; court found no good faith breach by Landlord and breach by Tenant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did KT&W breach the lease by vacating and withholding rent? | Landlord | KT&W | Tenant breached the lease; judgment for Landlord entered |
Key Cases Cited
- Shipley Fuels Mktg., LLC v. Medrow, 2012 Pa. Super. 37 A.3d 1215 (Pa. Super. 2012) (references standards for summary judgment and evidentiary record)
- Scalice v. Pennsylvania Employees Benefit Trust Fund, 884 Pa. 161, 883 A.2d 429 (Pa. Super. 2005) (good faith and fair dealing principles in contract context)
- McShea v. City of Philadelphia, 606 Pa. 88, 995 A.2d 334 (Pa. 2010) (analysis of contract duties and damages)
- Donahue v. Fed. Exp. Corp., 2000 Pa. Super. 146, 753 A.2d 238 (Pa. Super. 2000) (evidence and standards applicable to motions for summary judgment)