Misha Enterprises v. GAR Enterprises, LLC

In this commercial landlord-tenant proceeding, Misha Enterprises, Inc. (Misha) appeals the trial court’s orders granting GAR Enterprises, Inc.’s (GAR) motion for judgment on the pleadings and motion for summary judgment. We reverse the granting of GAR’s motion for judgment on the pleadings as to the award of damages because Misha was entitled to an opportunity to contest the amount of damages awarded for accrued rent. We also reverse the granting of GAR’s motion for summary judgment because GAR did not negate Misha’s affirmative defenses of set-off for breach of quiet enjoyment and…