Estate of Owens v. Ctre, LLC

Opinion

PETERS, J.

The principal issue in this action for breach of contract is whether a commercial tenant waived its right to enforce a provision in its lease warranting that “a permanent certificate of occupancy or equivalent certificate has been or prior to Tenant’s occupancy will be issued covering the Building and permitting the use of the Premises for such purpose.” It is undisputed that, because of preexisting zoning violations on the premises, the landlord could not obtain such a certificate at the time the lease was signed. It is equally undisputed that, because of changes in its…