Winshall v. Ampco Auto Parks, Inc.

MEMORANDUM OPINION AND ORDER

JOINER, District Judge.

This is an action for breach of contract by the lessor of a parking garage against the lessee. The lessee stopped paying rent, repudiated the lease, and surrendered the keys to the lessor. It contends, however, that certain acts of the lessor released it from liability.

In this case, the court established a schedule for the development of facts and stipulation, and cross motions for summary judgment were filed. 1 The question to be decided on defendants’ motion is whether the lessor’s re-entry onto the garage premises and resumption of…