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Tarta Luna Prop. v. Harvest Rest. Grp.

New Jersey Appellate Division

January 28, 2021

In Tarta Luna Prop. v. Harvest Rest. Grp., the Appellate Division was tasked with determining whether a lease and construction dispute between a landlord and its restaurant that resulted in litigation warranted the Chancery Division’s order compelling the restaurant to pay its landlord $1 million in attorney’s fees. The Appellate Division noted that a Chancery judge has discretion “to adapt equitable remedies to the particular circumstances of a given case.” But here, the plaintiffs did not succeed on any claim in their suit, and there was no basis in the lease or relevant statutes for the fees. The Court thus reversed the order granting attorney’s fees. The Court affirmed the Chancery Division’s order denying the plaintiff’s request to terminate the lease and impose forfeiture on the restaurant.

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