K'S Co. v. Galleria Mall Associates

Banke, Presiding Judge.

The appellant, K’s Company, Inc., operated a delicatessen and sandwich shop in. a shopping mall owned by the appellee. It filed the present action to rescind its lease and to recover actual and punitive damages based on allegations of fraud. The appellee counterclaimed to recover past-due rent, to collect monies allegedly owed under a promissory note, and to recover damages for abusive litigation. The trial court granted partial summary judgment to the appellee with respect to the appellant’s fraud claim, and this appeal followed.

The appellant’s president, Kelecki,…