Orange Palladium, LLC v. Readey

*285 Opinion

LAVINE, J.

This appeal concerns a commercial eviction brought by the plaintiff, Orange Palladium, LLC, against the defendant Bra Café, Inc.1 The central issue presented is whether the defendant defaulted under an agreement, as modified, between the parties by failing to make required use and occupancy payments. The defendant argued at trial that it had no obligation to make the contested payments because the making of the payments was conditioned upon the plaintiffs submitting a plan to repair leaks in the atrium and also taking certain steps to repair the property. The plaintiff…