OSJ OF PROVIDENCE, LLC v. Aly T. DIENE

Citations

• 154 A.3d 460
• 2017 WL 728165
• 2017 R.I. LEXIS 22

Syllabus

This case came before the Supreme Court on appeal by the defendant, Aly T. Diene, from a decision of the Superior Court granting the plaintiff's motion for summary judgment in favor of OSJ of Providence, LLC. On appeal, the defendant argued that (1) the plaintiff's suit was untimely because it was filed three months after the guaranty had expired (2) the hearing justice erred when he refused to allow the defendant's defense that the plaintiff breached the lease with Bayal Restaurant, Inc. (Bayal) first and (3) the hearing justice erred when he awarded the plaintiff's attorney's fees and \extra\ rent as part of the assessment of damages. The Supreme Court held that the defendant's statute of limitations argument was misplaced because the expiration of the guaranty was a term of the agreement, one that was unrelated to the statute of limitations. Additionally, the Supreme Court held that the defendant's contention that the hearing justice erred when he refused to allow him to argue that the plaintiff breached the lease first was a second bite at the apple because Bayal's liability had already been determined. Lastly, the Supreme Court held that the clear and unambiguous terms of the guaranty provided for both attorney's fees and additional rent. The Supreme Court found no genuine issues of material fact and, accordingly, affirmed the Superior Court's grant of summary judgment in favor of the plaintiff.