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Partner David Pernini obtained summary judgment in a case filed on behalf of our client in the District of Hawaii. The dispute arose when our client’s landlord refused to honor a right of first refusal in its commercial lease, arguing that the supposedly “non-binding” nature of the letter of intent it had received did not trigger the right. David filed suit and moved for early summary judgment, which was opposed by the landlord on both factual and procedural grounds. While this was a case of first impression in Hawaii, we are happy to report that the Court agreed with our client’s position in full, entering a judgment for specific performance of the right of first refusal (and thus the sale of the property to our client), damages in the form of continued rent payments to the landlord since the breach, and prevailing-party attorneys’ fees.  The time from filing of the lawsuit to grant of the order for summary judgment was less than 8 months.

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