Medlock Crossing Shopping Center Duluth, GA. Limited Partnership, Respondent, v Kitchen & Bath Studio, Inc., et al., Appellants., 126 A.D.3d 1463

Summary

HOLDINGS: [1]-A landlord was entitled to summary judgment on a breach of contract claim against a tenant for unpaid rent because the tenant failed to pay the full amount of rent due under the commercial lease from March 2009 to September 2010 and ceased to make any payments under the lease after September 2010; [2]-The tenant was not relieved of the obligation to pay rent when the landlord locked the tenant out of the leased premises because the plain language of the lease provided that the tenant's obligation to pay rent survived the landlord's reentry to the premises upon the tenant's default; [3]-The parties' conflicting accounts of their conduct after the lockout regarding the tenant's personal property left in the leased premises presented an issue of fact on the tenant's counterclaim, but was wholly irrelevant to the landlord's breach of contract cause of action.