The court's unconditional dismissal of the counterclaims deprived defendants of the opportunity to seek use and occupancy and attorneys' fees, which are claims that exist independently of the issue concerning the now waived award to plaintiffs of specific performance of the purchase options. Defendants represent that plaintiff did not vacate the condominium units until June 2003, some 2½ years following the expiration of plaintiff U.T.A.'s leases to those units in November...
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