United States Gypsum Co. v. Schiavo Bros.

POLLAK, District Judge.

In December, 1974, United States Gypsum Co. commenced this landlord-tenant action, alleging that defendant-tenant Schia-vo Brothers, Inc., failed to surrender the leasehold property on time and clear of debris. A ten-day non-jury trial was held in late 1975 and early 1976. In May, 1978, *48Judge Fogel ruled in defendant’s favor, filing an exhaustive opinion which concluded that defendant had not breached “either an express covenant to peaceably surrender the [premises] or an implied covenant to return the land in substantially the same condition as existed at the inception…