Gordon Apker (Monarch) v. Phoenix Phive Software Corp.
The issue on appeal was one involving the construction of a commercial lease. In favor of Berk & Moskowitz’ client, the tenant, the Arizona Court of Appeals reversed the trial court’s decision.
The tenant hired Berk & Moskowitz after the trial court had ruled that the tenant did not have the right to cancel a commercial office lease. Berk & Moskowitz filed an appeal for the tenant. The Arizona Court of Appeals reversed the trial court, interpreted the lease as a matter of law and found that the tenant did have the right to cancel the lease. The tenant recovered its security deposit, costs, attorneys’ fees and interest.
Read the Court’s Memorandum Decision.
Categories: Appeals, Cases Won, Contract and Business Law, Real Estate Law