DuPage County Law Firm Announces Favorable Appellate Ruling in Commercial Landlord-Tenant Case
DuPage County law firm Momkus McCluskey LLC has successfully obtained a favorable ruling in a recent appeal of a directed finding after a five day bench trial and of their commercial landlord client’s motion for summary judgment on its counterclaim for breach of contract.
DuPage County Attorneys James F. McCluskey, James S. Harkness and Jennifer L. Friedland
"'We are proud of both our trial and appellate work in this case. We feel that we have done a great service to our client by bringing this long-standing case to a close,' says Partner, Jennifer L. Friedland."
The DuPage County law firm of Momkus McCluskey LLC is pleased to announce a recent successful appellate decision obtained by attorneys James F. McCluskey, James S. Harkness and Jennifer L. Friedland regarding the case Full House Productions, Inc., d/b/a Shapes Bar and Billiards, Inc. v. Napleton Investment Partnership, L.P. and Tower Crossing Associates L.L.C. (2015 IL App (2d) 130840-U). Momkus McCluskey LLC has represented the defendants, commercial landlords, since 2012.
On March 23, 2015, the Second District Appellate Court of Illinois issued a favorable ruling affirming a directed verdict in favor of the defendants, as well as affirming the granting of defendants’ motion for summary judgment on their counterclaim for breach of contract. According to court documents, in 2001, the plaintiff, Full House Productions, Inc., d/b/a Shapes Bar and Billiards Inc., filed a complaint against the commercial landlord defendants, Napleton Investment Partnership, LP and Tower Crossing Associates LLC, for breach of commercial lease. The defendants, represented by Momkus McCluskey LLC, filed a counterclaim seeking unpaid rent for the remainder of the lease term and attorney fees and costs.
Momkus McCluskey LLC attorneys James F. McCluskey, James S. Harkness and Jennifer L. Friedland tried the case in November, 2012. Momkus McCluskey LLC won the bench trial for the defendants on their Motion for Directed Finding after the plaintiff put on its case. On July 17, 2013, the Circuit Court of DuPage County granted the defendants’ motion for summary judgment on their counterclaim and the defendants were awarded $190,742.12 for unpaid rent, in addition to payment of defendants’ attorneys’ fees and costs.
In preparing for trial of their case, Momkus McCluskey LLC retained and relied upon the advice of a business valuation expert witness, Tony Garvy, CPA, ASA of Corporate Valuation Services, Inc.
“We are proud of both our trial and appellate work in this case. We feel that we have done a great service to our client by bringing this long-standing case to a close,” says Partner, Jennifer L. Friedland.
About Momkus McCluskey LLC:
Momkus McCluskey LLC is a full service Illinois law firm that represents clients with legal matters pertaining to business law, healthcare law, commercial and civil litigation, insurance litigation, appellate practice, estate planning and family law.
The experienced DuPage County attorneys provide legal counsel to individuals and businesses throughout the Chicagoland area from two convenient office locations in Lisle and Downtown Chicago. If you are seeking skillful and effective legal representation contact Momkus McCluskey LLC today. Call (630) 434-0400 or fill out the online contact form to schedule an initial consultation.