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LA CASA NINO, INC. v. PLAZA ESTEBAN

No. 87SC160.

762 P.2d 669 (1988)

LA CASA NINO, INC., a Colorado corporation; Donald Goldman, Max Baer, and La Pompe de Ville, Inc., a Colorado corporation, Petitioners, v. PLAZA ESTEBAN, a general partnership, Respondent.

Supreme Court of Colorado, En Banc.

October 11, 1988.

Attorney(s) appearing for the Case

Zerobnick & Sather, P.C., Martin Zerobnick, Gwen Jarahian Young, Joseph A. Margoshes, Popham, Haik, Schnobrich & Kaufman, Richard G. Sander, Denver, for petitioners.

Inman, Erickson & Flynn, P.C., Richard P. Brentlinger, Denver, for respondent.

QUINN, Chief Justice.

This case raises the question whether a lessee is entitled to setoff against arrearages owed to the lessor the amount of an "entry premium" which the lessor received from a subsequent lessee as consideration for the lessor's reletting of the premises to the subsequent lessee following the original lessee's default but before the expiration of the term of the original lessee's lease. In Plaza Esteban...

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