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Appeals court probes lease default, grease‑trap billing and COVID defenses
Summary
Landlord argued default and termination were justified by unpaid grease‑trap remediation and post‑pandemic nonpayment; tenant countered the default notice misstated cure figures, cited insurance proceeds and argued frustration of purpose during COVID shutdowns prevented performance.
Robert McLaughlin Jr., representing the tenant High Street Restaurant, argued the landlord's default notice was inaccurate in form and substance, pointing to a long history of communications in which the tenant said it would apply insurance proceeds toward grease‑trap remediation. "What is that amount of money with the payment and the insurance proceeds?" McLaughlin asked, noting the notice…
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