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· 3/18/2022

255 Fifth St. Holdings, L.L.C. v. 255 Fifth Ltd. Partnership

Citations

  • 186 N.E.3d 323
  • 2022 Ohio 851

Syllabus

SUMMARY JUDGMENT — LEASEHOLD MORTGAGE —NONRECOURSE LOAN — PREMATURITY RENTS — PROSPECTIVE LANGUAGE — CONDITIONAL ABSOLUTE ASSIGNMENT: The trial court erred in granting plaintiff lender's motion for partial summary judgment for prematurity rents where the record reflects that the language of the loan documents provided for a conditional absolute assignment of the leasehold rents and the prospective language of the loan documents conditioned plaintiff's ability to collect rents only upon an event of a default therefore, plaintiff was not entitled to rents collected prior to the maturity date of the leasehold mortgage.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that so long as there is sufficient evidence that an individual involved in an armed robbery is aware that the perpetrator has a gun, then the individual can be convicted as a joint venturer to the armed robbery charges without ever actually possessing the gun himself

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Judges: Bock

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