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PHILIP ARTZ, LTD. v. KASUBICK

No. 92296.

2009 Ohio 3104

Philip Artz, Ltd., Plaintiff-Appellant, v. Mark Kasubick, et al., Defendants-Appellees.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED: June 25, 2009.

Attorney(s) appearing for the Case

Robert B. Weltman, Matthew G. Burg, Henry J. Geha, III, Weltman, Weinberg & Reis Co., LPA, Lakeside Place, Suite 200, 323 West Lakeside Avenue, Cleveland, OH 44113, Attorneys for Appellant.

Wm. Joseph Baker, Paul D. Castillo, Giffen & Kaminski, LLC, 1300 East Ninth Street, Suite 1600, Cleveland, OH 44114, Attorneys for Appellee Mark Kasubick.

Before: McMonagle, J., Rocco, P.J., and Boyle, J.

JOURNAL ENTRY AND OPINION

CHRISTINE T. McMONAGLE, J.:

{¶ 1} Plaintiff-appellant, Philip Artz, Ltd., appeals the trial court's judgment granting the motion to dismiss of defendant-appellee Mark Kasubick. We affirm.

{¶ 2} On July 11, 2002, Philip Artz, Ltd. and Chagrin River Gillies entered into a lease. The introductory portion of that lease reads as follows:

{¶ 3} "This lease (`Lease...

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