Giusto v. Petruzziello

Plaintiff Mary A. Giusto (“the landlord”) brought this action against defendant Giorgio Petruzziello (“the tenant”) to recover rent due under a lease of commercial property. The tenant counterclaimed for an alleged constructive eviction and resulting loss of profits.

Prior to the execution of the commercial lease, the tenant began construction of a building next door to the leased premises. The tenant paid rent for five months of the seven year term of the lease, abandoned the premises seven months after the commencement of the lease term and moved his business next door to his then completed…