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ASPEN PLAZA CO. v. GARCIA

No. 82CA0475.

691 P.2d 763 (1984)

ASPEN PLAZA COMPANY, a Colorado Partnership, and Stephen J. Marcus, Plaintiffs-Appellants, v. James E. GARCIA, d/b/a Longhorn Dragon Two, Defendant-Appellee.

Colorado Court of Appeals, Div. III.

November 8, 1984.

Attorney(s) appearing for the Case

Garfield & Hecht, P.C., Katherine Hendricks, Jeremy Bernstein, Aspen, for plaintiffs-appellants.

Thomas Crumpacker, Aspen, for defendant-appellee.

METZGER, Judge.

Plaintiffs, Aspen Plaza Company and Stephen J. Marcus (lessors), appeal a jury verdict awarding lessee, James E. Garcia, d/b/a Longhorn Dragon Two, damages for constructive eviction. We affirm.

Lessee is an Aspen restaurateur who, from December 1976 until January 1980, operated his establishment under a ten-year commercial lease in lessor's shopping center. In January 1979, a blockage in the central sewage line resulted in the back-up of raw...

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