Cerniglia v. Napoli

SCHOTT, Judge.

This case involves the trial court’s granting of plaintiffs’ motion for summary judgment and denial of defendant’s in the enforcement of the provisions of a lease between the parties based upon facts that are virtually uncontested. The issue is whether the existence of differing interpretations of the lease is equivalent to a genuine issue of material fact so as to preclude summary judgment.

Defendant was the sublessee of the premises at 735 Bourbon Street in New Orleans and plaintiffs were the sublessors and principal lessees. The monthly rent was $3,000. In April 1985 the…