Johnstowne Centre Partnership v. Chin

Although I am less than totally convinced that a proper disposition has been made of the issues raised by Chins in their cross-appeal, especially with reference to another restaurant in the Centre, yet I will defer to the trial court on these matters and concur in the majority’s holding on these. I cannot concur in their disposition of the question of Chins’ liability for rent during the interim period between tenants and dissent on that point.

The majority speaks of the Parthenon and Giordano as “substitute tenants” and places great reliance on paragraph 14 of the Chin lease. In my judgment…