Community Preschool & Nursery of East Liberty, LLC v. Tri-State Realty, Inc.

MEMORANDUM OPINION RE: DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (DOC. NO. 54)

ARTHUR J. SCHWAB, District Judge.

I. Introduction and Background

A. Introduction

At issue in this case is what caused the fire at a building owned by defendant, the first floor of which was leased to plaintiff to use as a child-care facility, and the allocation of risks set forth in their Lease Agreement. Because the record is inconclusive as to the cause of the fire and is conclusive that defendant did not breach the Lease Agreement when it terminated the lease following the fire, pursuant to the terms of said…