D.E. Properties Corp. v. Food for Less, Inc.

CRANE, Judge.

Defendant, Food For Less, Inc. (Lessee), filed a counterclaim against plaintiff, D.E. Properties Corporation (Lessor), seeking to recover rent paid pursuant to a lease during the time the premises were untenanta-ble. The circuit court granted Lessee’s motion for summary judgment and entered judgment in favor of Lessee in the amount of $22,499.19. We affirm.

On September 1, 1983 Fenton Plaza Shopping Center/Diversified Equities (FPSC/DE) and Lessee executed a five-year lease (Primary Lease) for approximately 17,500 square feet at # 60 Fenton Plaza Shopping Center beginning October…