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15-3273 - H.F.S. Properties v. Foot Locker Specialty, Inc.


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15-3273 - H.F.S. Properties v. Foot Locker Specialty, Inc.
February 2, 2017
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MEMORANDUM OF LAW & ORDER. IT IS HEREBY ORDERED: 1. Foot Locker Specialty, Inc.'s Motion for Partial Summary Judgment 25 is GRANTED IN PART and DENIED IN PART as follows: a. Foot Locker's motion for summary judgment on Count Two: Negligence is DENIED. b. Foot Locker's motion for summary judgment on Count Three: Waste is DENIED. c. Foot Locker's motion for summary judgment on Count Four: Declaratory Judgment is DENIED. d. Foot Locker's motion for summary judgment on Count One: Breach of Contract to the extent it is based on the application of the statute of limitations to Article 2 of the 1920 Lease is DENIED. e. Foot Locker's request for an order that H.F.S. is responsible for bringing the Woolworth Building into compliance with current building codes following termination of the Leases is GRANTED. f. Foot Locker's request for an order that, under Articles 7 and 8 of the 1949 Lease, Foot Locker is not responsible for repair or replacement costs associated with the Woolworth Building's interior walls, mechanical systems, electrical systems, or other fixtures, equipment, or moveable machinery in the Building is DENIED WITHOUT PREJUDICE as premature. g. Foot Locker's request for an order that the diminution in value is the proper measure of damage for the breach of contract claim is DENIED. 2. H.F.S. Properties' Motion for Partial Summary Judgment 30 is GRANTED as follows: the Court strikes Foot Locker's affirmative defense of economic waste and holds that the applicable measure of damages for Count One is the reasonable cost to complete the repairs required under the Leases. (Written Opinion). Signed by Judge Michael J. Davis on 2/2/17. (GRR)
March 8, 2017
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MEMORANDUM OF LAW & ORDER. IT IS HEREBY ORDERED: HFS's Letter Request to File a Motion for Reconsideration 48 is DENIED. (Written Opinion). Signed by Judge Michael J. Davis on 3/8/17. (GRR)