MOTION (Demurrer To) To Strike First Amended Complaint For Actual And Punitive Damages; Deft'S Berkowitz And Grant Bldg. Co., Llc.'S Demurrer To And Motion To Strike Plntf'S First Amended Complaint For Actua
1st cause of action Bad Faith Breach of Oral and Written Agreements: SUSTAIN with leave to amend to clarify elements of contract and breach etc with respect to each landlord.
2nd cause of action Bad Faith Breach of Fiduciary Duty: SUSTAIN without leave to amend.
3rd cause of action Breach of Warranty of "Tenantability" (contract): SUSTAIN without leave to amend doctrine does not apply to commercial leases.
4th cause of action Breach of Warranty of "Tenantability" (tort): SUSTAIN without leave to amend doctrine does not apply to commercial leases.
5th cause of action Negligent Maintenance of Property: SUSTAIN with leave to amend to clarify existence of duty, breach, causation and damages as to each landlord
6th cause of action Willfully Negligent Failure to repair and maintain ele
Hearing Date
December 20, 2001
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MOTION (Demurrer To) To Strike First Amended Complaint For Actual And Punitive Damages; Deft'S Berkowitz And Grant Bldg. Co., Llc.'S Demurrer To And Motion To Strike Plntf'S First Amended Complaint For Actua
1st cause of action Bad Faith Breach of Oral and Written Agreements: SUSTAIN with leave to amend to clarify elements of contract and breach etc with respect to each landlord.
2nd cause of action Bad Faith Breach of Fiduciary Duty: SUSTAIN without leave to amend.
3rd cause of action Breach of Warranty of "Tenantability" (contract): SUSTAIN without leave to amend doctrine does not apply to commercial leases.
4th cause of action Breach of Warranty of "Tenantability" (tort): SUSTAIN without leave to amend doctrine does not apply to commercial leases.
5th cause of action Negligent Maintenance of Property: SUSTAIN with leave to amend to clarify existence of duty, breach, causation and damages as to each landlord
6th cause of action Willfully Negligent Failure to repair and maintain ele