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eBook details

• Title: Great Atlantic & Pacific Tea Co., Inc.
• Author : Appellate Division New Jersey Superior Court
• Release Date : January 14, 2000
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Argued November 14, 2000 This is a dispute concerning the interpretation of a commercial lease. Specifically, the question is whether the landlord or tenant is contractually obligated to pay for the repair of roof trusses and heating equipment. The tenant is appellant, The Great Atlantic & Pacific Tea Company (A&P), and the landlord/owners are respondents Amerigo Checchio and Romano Checchio (Checchios). The disputed issues were decided on cross-motions for summary judgment that were invited by the trial court. Although A&P had requested oral argument, the motions were decided on the papers. In a brief opinion of little more than two pages, the trial court set forth language from the lease and summarized some of the correspondence between the parties. The court believed the intent of A&P was ""clearly set out"" in a letter written by Joel Dicker, A&P's director of real estate development, approximately five months prior to the second amendment of the lease. The trial judge quoted a portion of that letter, 1 and then concluded: ""It is clear to the court that Mr. Dicker intended to accept responsibility to make repairs to the building as well as the responsibility for the maintenance of the interior and exterior."" With that pronouncement, summary judgment was granted in favor of the landlord and the tenant's summary judgment motion was denied. A&P appeals contending it should have been granted summary judgment. We now reverse the order for summary judgment in favor of the Checchios, but we do not go so far as to find that summary judgment should have been granted to A&P. In our view, material factual issues are present that preclude summary disposition in favor of either party.

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