Trizechahn Gateway LLC v. Titus
| Decision Date | 03 July 2007 |
| Docket Number | No. 1091 WDA 2006.,No. 1050 WDA 2006.,No. 1151 WDA 2006.,1050 WDA 2006.,1091 WDA 2006.,1151 WDA 2006. |
| Citation | 930 A.2d 524 |
| Parties | TRIZECHAHN GATEWAY LLC, a Delaware limited liability company v. Paul H. TITUS, James H. McConomy, Lindsey D. Alton, Thomas D. Arbogast, S. Link Christian, David I. Cohen, Suzanne L. DeWalt, Donald T. Dulac, Jr., Martin J. Hagan, Thomas M. Hardiman, Henry R. Johnston, III, Stephen R. Kaufman, David B. Mulvihill, David G. Oberdick, Manning J. O'Connor II, Debra M. Parrish, Adrian N. Roe, Thomas J. Santone, Mark Stadler, C. Richter Taylor, Jr., Charles B. Watkins, Thomas C. Wettach, as individuals, trading and doing business as Titus & McConomy, a Pennsylvania general partnership, also known as Titus & McConomy LLP, and Titus & McConomy, a Pennsylvania general partnership, also known as Titus & McConomy, LLP. Appeal of Paul H. Titus, James H. McConomy, Lindsey D. Alton, Thomas D. Arbogast, S. Link Christian, Martin J. Hagan, David B. Mulvihill, David G. Oberdick, Manning J. O'Connor II, Adrian N. Roe, Mark Stadler and Thomas C. Wettach. Trizechahn Gateway LLC, a Delaware limited liability company v. Paul H. Titus, James H. McConomy, Lindsey D. Alton, Thomas D. Arbogast, S. Link Christian, David I. Cohen, Suzanne L. DeWalt, Donald T. Dulac, Jr., Martin J. Hagan, Thomas M. Hardiman, Henry R. Johnston, III, Stephen R. Kaufman, David B. Mulvihill, David G. Oberdick, Manning J. O'Connor II, Debra M. Parrish, Adrian N. Roe, Thomas J. Santone, Mark Stadler, C. Richter Taylor, Jr., Charles B. Watkins, Thomas C. Wettach, as individuals, trading and doing business as Titus & McConomy, a Pennsylvania general partnership, also known as Titus & McConomy LLP, and Titus & McConomy, a Pennsylvania general partnership, also known as Titus & McConomy, LLP. Appeal of Titus & McConomy LLP and Titus & McConomy, a Pennsylvania general partnership, also known as Titus & McConomy LLP. Trizechahn Gateway LLC, a Delaware limited liability company, Appellant v. Paul H. Titus, James H. McConomy, Lindsey D. Alton, Thomas D. Arbogast, S. Link Christian, David I. Cohen, Suzanne L. DeWalt, Donald T. Dulac, Jr., Martin J. Hagan, Thomas M. Hardiman, Henry R. Johnston, III, Stephen R. Kaufman, David B. Mulvihill, David G. Oberdick, Manning J. O'Connor II, Debra M. Parrish, Adrian N. Roe, Thomas J. Santone, Mark Stadler, C. Richter Taylor, Jr., Charles B. Watkins, Thomas C. Wettach, as individuals, trading and doing business as Titus & McConomy, a Pennsylvania general partnership, also known as Titus & McConomy LLP, and Titus & McConomy, a Pennsylvania General partnership, also known as Titus & McConomy, LLP. |
| Court | Pennsylvania Superior Court |
¶ 1 Appellants, Paul Titus, James H. McConomy, Lindsey D. Alton, Thomas D. Arbogast, S. Link Christin, Martin J. Hagan, David B. Mulvihill, David G. Oberdick, Manning J. O'Connor II, Adrian N. Roe, Mark Stadler, Thomas C. Wettach, and Titus & McConomy LLP a/k/a Titus & McConomy, a Pennsylvania general partnership and law firm formerly composed of appellants and others, appeal from the $3,274,037.79 judgment entered after the trial court concluded they had breached their lease with Trizechahn Gateway LLC (Trizechahn).1
¶ 2 Trizechahn cross-appeals from the trial court's December 16, 2002, Order granting summary judgment in favor of cross-appellees Donald T. Dulac, Jr., and Charles B. Watkins; the trial court's January 27, 2003, Order granting summary judgment in favor of cross-appellee Henry R. Johnson III; the trial court's January 29, 2003, grant of summary judgment in favor of cross-appellee Suzanne L. DeWalt; and the trial court's June 30, 2004, granting of summary judgment to cross-appellees Thomas M. Hardiman, Debra M. Parrish, and Stephen R. Kaufman.
Relevant Background
¶ 3 In 1995, a third-party landlord and Titus & McConomy LLP (T & M) began negotiating a lease agreement for occupation of the entire 20th floor, part of the 21st floor, and basement storage space in Four Gateway Center, located in downtown Pittsburgh. Shortly after negotiations began, the third-party landlord sold Four Gateway Center to Trizechahn. After further negotiations, T & M and Trizechahn reached an agreement and, subsequently, executed the ten-year lease agreement (master lease) that is the principal subject of this case.2 The lease term ran from October 1, 1995, until June 30, 2005. Record, No. 187, Exhibit List, No. 1, p. 1. In June of 1998, the parties entered into a second lease (storage lease) for an additional storage space in the basement of Four Gateway Center. Id. at No. 2. The term of this lease ran from June 15, 1998, until June 30, 2005. Id.
¶ 4 In August of 1999, T & M decided to liquidate and wrap up its affairs. On August 18th of that year, appellant Titus sent a letter to Trizechahn's general manager notifying Trizechahn of the impending dissolution and offering to work towards subletting the master lease premises. Record, No. 183, Exhibit List, No. 7. A formal plan of liquidation was executed on that same date. Record, No. 187, Exhibit List, No. 59. Shortly thereafter, T & M vacated the master lease premises, but left behind files in the basement storage spaces and office fixtures in the office space. Trial Court Opinion, Friedman, J., 3/30/05, at 2. In the event of abandonment, the master lease provided as follows:
15. LANDLORD'S REMEDIES
. . .
(d) If the Tenant abandons the Premises or the Landlord otherwise becomes entitled so to elect, and the Landlord elects, without terminating the lease, to endeavor to relet the Premises, the Landlord may, at the Landlord's option enter into the Premises, remove the Tenant's signs and other evidence of tenancy, and take and hold possession thereof as in Paragraph (c) of this Section provided, without such entry and possession terminating the lease or releasing the Tenant, in whole or in part, from the Tenant's obligation to pay the Rent hereunder for the full term as hereinafter provided. Upon and after entry into possession without termination of the lease, the Landlord may relet the Premises or any part thereof for the account of the Tenant to any person, firm or corporation other than the Tenant for such rent, for such time and upon such terms as the Landlord shall determine to be reasonable. In any such case, the Landlord may make repairs, alterations and additions in or to the Premises, and redecorate the same to the extent deemed by the Landlord necessary or desirable, and the Tenant shall, upon demand, pay the cost thereof, together with the Landlord's expenses of the reletting. If the consideration collected by the Landlord upon any such reletting for the Tenant's account is not sufficient to pay monthly the full amount of the Rent reserved in this lease, together with the cost of repairs, alterations, additions, redecorating and the Landlord's expenses, the Tenant shall pay to the Landlord the amount of each monthly deficiency upon demand.
Record, No. 187, Exhibit List, No. 1, p. 9.
¶ 5 Trizechahn immediately entered into negotiations with respective subtenants after T & M abandoned the premises. The trial court found that T & M continued to pay rent through January of 2000 when all rental payments ceased. Id. Over five years remained on the lease term at the time of default. In that regard, the master lease provided as follows:
15. LANDLORD'S REMEDIES
. . .
(b) If the Tenant defaults in the payment of Rent and such default continues for ten (10) days after notice, or defaults in the prompt and full performance of any other provision in this lease and such default continues for thirty (30) days after notice, or if the leasehold interest of the Tenant be levied upon under execution or be attached by process of law, or if the Tenant abandons the Premises, then and in any such event the Landlord may, at its election, either terminate the lease and the Tenant's right to possession of the Premises or, without terminating this lease, endeavor to relet the Premises. Nothing herein shall be construed so as to relieve the Tenant of any obligation, including the payment of Rent, as provided in this lease.
Record, No. 187, Exhibit List, No. 1, p. 9.
¶ 6 On February 29, 2000, Trizechahn sent a letter to T & M outlining two termination plans into which it would be willing to enter to settle T & M's outstanding obligations under the master lease, both of which called for T & M to remit payments totaling less than $1 million. Record, No. 183, Exhibit List, No. 15. The letter also indicated Trizechahn was intent on immediately recovering, at the minimum, the portion of the master lease storage space necessary to correct a building code violation and that, after said recovery, T & M's rental obligation would be reduced accordingly.3 Id. T & M did not formally respond to this letter.4
¶ 7 On July 14, 2000, Trizechahn sent another letter to T & M notifying it that Trizechahn was attempting to relet the master lease storage space and requesting T & M to remove any miscellaneous files left in that space after the firm's abandonment. Record, No. 183, Exhibit List, No. 23. Four days later, appellant Titus replied by readily agreeing to remove the files and by requesting permission to enter the 20th floor space to remove additional files. Record, No. 187, Exhibit List, No. 50.
¶ 8 On July 28, 2000, allegedly having not yet received rental payments for March through July of 2000, Trizechahn filed a written complaint seeking all sums still due under the lease. Record, No. 1. The...
To continue reading
Request your trial
-
Sikirica v. Wettach (In re Wettach)
... ... Wettach, a former partner at the now-defunct law firm of Titus & McConomy, LLP ("Titus"). Prior to its dissolution in 1999, Titus rented office space from ahn Gateway LLC ("Trizec") under a long-term lease agreement. After the firm dissolved, Trizec filed suit in ... the Pennsylvania Superior Court initially reversed the judgment as to Wettach, see Trizechahn Gateway LLC v. Titus, 930 A.2d 524, 539 (Pa.Super.Ct.2007), the Pennsylvania Supreme Court ... ...
-
Sikirica v. Wettach (In re Wettach)
... ... 501] John P. Vetica, Jr., Esq., for Plaintiff, Jeffrey J. Sikirica, Trustee and TrizecHahn Gateway, LLC. James Cooney, Esq., for Defendants, Thomas C. Wettach and Bette C. Wettach ... objections to exemptions are part of a series of cases informally known to the Court as the Titus cases because they all involve certain attorneys who were partners in the former Pittsburgh law ... ...
-
Ferrick v. Bianchini
... ... Partnership v. Movie Merchants, Inc., 552 Pa. 412, 715 A.2d 1082 (1998); Trizechahn Gateway, LLC v. Titus, 930 A.2d 524 (Pa.Super.2007) ( rev'd on other grounds 601 Pa. 637, 976 ... ...
-
Newman Dev. Grp. of Pottstown, LLC v. Genuardi's Family Mkt., Inc.
... ... Mitchell & Associates, Inc., 454 Pa.Super. 188, 685 A.2d 141, 148 (1996)), 40 (citing Trizechahn Gateway LLC v. Titus, 930 A.2d 524, 543–44 (Pa.Super.2007), rev'd in part on other grounds, 601 ... ...