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ICSC Legal Database - CasesMonday, February 22, 1999 05:06 PM

Case Index:
01614

Citation:
Amada, Inc. v. Zaggario, 1998 WL 433847 (Ohio Ct. App. 1998).

Issue:
A landlord was found liable for breach of lease and trespass when he reentered the leased premises without

notifying the tenant of default and his intent to reenter, and when he prevented the tenant from reopening his

business following the default of the sublessee. The appellate court affirmed the trial court's holding that the

defaulting party was a sublessee rather than an assignee. Thus, the tenant retained its interest in the leased

premises, and was entitled to recover damages for diminution in value of assets, the costs of liquor license

renewal and advertising, and other compensatory damages. In addition, the landlord's conduct supported the

award of punitive damages in the amount of attorney's fees.

Facts:

Holding:

Publication:
Legal Update

Date:
Winter 1998

Classification 1:
Landlord and Tenant

Classification 2:

Classification 3:

01614 - Legal Update - Winter 1998