In a landlord-tenant dispute, the plaintiff filed a lawsuit to enforce the rent formula contained in the lease between the parties, which was based on the existence of a cooperative ground lease. Defendant countersued for reformation of the lease, contending that a mistake in wording caused the rent to be 50 percent higher than was intended and agreed upon by the parties. The trial court granted summary judgment to plaintiff, finding that defendant’s reformation claim was time-barred and precluded by estoppel certificates. The appellate court reversed, finding that the record contained disputed issues of material fact with regard to when defendant knew or should have known of its claim and the meaning of the estoppel certificates, making summary judgment improper. (PUCINSKI and HYMAN, concurring)
Illinois Appellate Court
Civil Court
Statute of Limitations