Gold Realty Group Corp. v. Kismet Café, Inc.

The question in this case is whether a party may move for summary judgment on an issue that was not pled in that party’s complaint.

The defendants leased property from the plaintiff and operated a hamburger stand until the property was destroyed by a fire. After the fire, the defendants ceased paying rent. The plaintiff filed a complaint seeking unpaid rent and possession based on the failure to pay rent. The plaintiff later moved for summary judgment, seeking to terminate the lease based on two provisions in the lease, neither alleged in the complaint. The court entered summary judgment for…