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Landlord/Tenant — Civil Practice – Interlocutory Appeals – Commercial Lease – Sublease – Excess Rents – Res Judicata & Collateral Estoppel (access required)

Whitehurst Investment Properties, LLC v. Newbridge Bank (Lawyers Weekly No. 14-07-0980, 12 pp.) (Robert C. Hunter, J.) Appealed from Guilford County Superior Court (James Webb, J.) N.C. App. Holding: The denial of defendants’ motion to dismiss is an interlocutory order. ...

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Landlord/Tenant – Commercial Lease – Jury Instructions – Materiality – Summary Ejectment – Witness’s Competence (access required)

GRE Properties Thomasville LLC v. Libertywood Nursing Center, Inc. (Lawyers Weekly No. 14-07-0750, 19 pp.) (Douglas McCullough, J.) Appealed from Davidson County District Court (April Wood, J.) N.C. App. Holding: Where the parties’ lease said that it could be terminated ...

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Landlord/Tenant – Commercial Lease – Sublet Hotel – Tort/Negligence – Fraud – Unfair Trade Practices (access required)

Estate of Chambers v. Vision Two Hospitality Management, LLC The parties’ lease permits the plaintiff-landlords, at any time during the lease term, to inspect and examine the “premises during reasonable business hours,” and the landlords do not allege that defendants prevented them from exercising these inspection rights, nor do they allege that a reasonably diligent inspection would not have revealed the true condition of the leased premises.

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Landlord/Tenant – Commercial Lease – Sublet Hotel – Tort/Negligence – Fraud – Unfair Trade Practices (access required)

Estate of Chambers v. Vision Two Hospitality Management, LLC The parties’ lease permits the plaintiff-landlords, at any time during the lease term, to inspect and examine the “premises during reasonable business hours,” and the landlords do not allege that defendants prevented them from exercising these inspection rights, nor do they allege that a reasonably diligent inspection would not have revealed the true condition of the leased premises.

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