CERNIGLIA v. NAPOLI

No. CA 7534.

517 So.2d 1209 (1987)

Samuel Joseph CERNIGLIA and Lucien Eyraud v. Charles J. NAPOLI.

Court of Appeal of Louisiana, Fourth Circuit.

December 15, 1987.


Attorney(s) appearing for the Case

Charles T. Curtis, Jr., Polack, Rosenberg, Rittenberg & Endom, New Orleans, for plaintiffs/appellees.

D. Michael Dendy, Lemle, Kelleher, Kohlmeyer, Dennery, Hunley, Moss & Frilot, New Orleans, for defendant/appellant.

Before GULOTTA, C.J., and SCHOTT and BYRNES, JJ.


SCHOTT, Judge.

This case involves the trial court's granting of plaintiffs' motion for summary judgment and denial of defendant's in the enforcement of the provisions of a lease between the parties based upon facts that are virtually uncontested. The issue is whether the existence of differing interpretations of the lease is equivalent to a genuine issue of material fact so as to preclude summary judgment.

Defendant was the sublessee of the premises at 735...

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