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Comercial lease breach of contract case?

Albany, NY |

I signed a lease for a commercial property mid month and the lease was to commence on the first. I was locked out of the building due to a dispute two days before the lease began. I have a case in court now and the breach of contract was taken off my suit for that reason. I want to appeal it and I was wondering if there are any cases that I can refer to. How can a judge dismiss the suit because of the date when the contract was already signed.? someone help me.

Attorney Answers 3

  1. Not sure why you'd have right of entry before the lease started. Not sure why your breach of contract claim was "taken off " your suit - because there was no cause of action since there was no breach? You haven't mentioned any damages, which are required for any suit like this.

    You need to hire a litigator to discuss the facts of your situation with. Appeals are longshots, as trail court judges are given wide discretion, and there needs to be "reversible error," so a lawyer may advise that an appeal isn't worth your time.

    Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.

  2. This question does not make much sense. You can not have a breach of contract prior to the commencement date of the lease. You have not stated any damages as a result or any breach of contract either. Additionally you do not have a right to access the premises prior to the commencement of the lease. Maybe that is why the judge dismissed your case. You have not stated any cause of action. As to an appeal, they are very complicated and rarely successful. I suggest you consult with an attorney prior to trying to perfect an appeal.

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  3. Dear commercial lease breach of contract?

    I passed on answering your question a few days ago when I read the first two attorney answers. I came back with a hope that you had added new information with a comment to either answer.

    As it is, I see that there is no more information to go on. You need to explain the dispute before the lease began and the reason you were at the building two days before the lease began.

    You need to tell us about "the case" you have in court now. Is the case in Supreme Court? Did you seek a temporary restraining order or a preliminary injunction?

    You started that lawsuit so you should be able to comment on the causes of action and if you brought the lawsuit with an attorney or not.

    Follow up on these answers and you may be better directed to where you may gain legal help in your area.

    Good luck.

    The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.

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