HLM Realty Corp. v. Morreale

This cause is before the Appellate Division on two questions reported by the judge who assessed damages. A different judge granted the plaintiff summary judgment on the issue of liability. The two reported questions announced before the assessment, but reported after assessment, are as follows:

1. Is the plaintiff limited to recovery only for such installments of rent as have become due at the time of the commencement of this action?

2. Is the plaintiff entitled to recover for rent due for the period December 1,1979 through December 31,1980 when plaintiff never executed a new lease nor a formal…