Section 23A

Citation: Section 23A
Parent Document: BLT Burger DC, LLC v. Norvin 1301 CT, LLC, 86 A.3d 1139 (2014)
Jurisdiction: DC (municipal)
Effective Date: 2014-03-13
Original Source: https://www.courtlistener.com/opinion/2656505/blt-burger-dc-llc-v-norvin-1301-ct-llc/ ↗

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          At this juncture it is important to clarify that Tenant does not dispute its
responsibility under Ostrow for unpaid rent, taxes, and insurance for the four-
month period (August 6 - December 3, 2010) before termination and surrender. As
noted earlier, Tenant initially had paid Landlord $16,000 for the first month‟s rent
plus a $100,000 security deposit. When the total attributable to those four months
($99,833) is subtracted from that $116,000, that leaves a credit of $16,167 going
forward against the damages awarded for the ensuing seven months ($174,708),
leaving the $158,542 in unpaid pre-sale damages at issue. As noted earlier (see
supra note 36), for purposes of convenience when referring to damages attributable
to the “period between termination/surrender and sale,” or to “pre-sale damages,”
we mean the $158,542 still unpaid.
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           Latham Land, 96 A.D.3d at 1330, 1331.
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