Commerce Park Associates, LLC v. Robbins

Syllabus

The plaintiff landlord, C Co., brought an action for breach of a commercial lease seeking to recover rent that it allegedly was owed by the defendant former tenant, R, and R's ophthalmological and surgical practice, R Co., brought a tort action against C Co. and its property manager, M Co., seeking, inter alia, monetary damages for economic injuries that R Co. suffered as a result of C Co.'s negligence and failure to make necessary repairs to the leased premises. Prior to the commencement of those actions, in August, 2007, R had executed a commercial lease to rent the entire lower level of a building owned by C Co. for a fifteen year term, with an option to extend the lease for two additional five year terms. In December, 2009, the leased premises, which were occupied by R Co., were remodeled and transformed into an eye care center, complete with, inter alia, a surgical center with operating rooms for optical surgery and an optical shop. In September, 2013, as a result of the flooding to parts of the lower level, R Co. was forced to suspend business completely for six weeks. Afterward, by relocating its examination rooms and a downsized version of its optical shop into portions of the premises designated for administrative offices, R Co. was able partially to resume operations, albeit utilizing only approximately one half of the premises. By the end of October, 2014, R Co. had repaired the flood damage and reoccupied the remainder of the premises. Beginning in the third full week of April, 2015, and continuing into May and June, 2015, the build- ing's sewage system backed up, causing sewer water and waste to flood into the premises. On the basis of the various problems with the premises, beginning in September, 2013, and continuing until the time R and R Co. vacated the premises in June, 2015, R, through R Co., paid only approximately one half of her monthly rental obligation under the lease. C Co.'s rent action and R Co.'s tort action were consolidated and tried to