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Sirdah v. North Springs Assocs. LLLP

The general rule is that the duty to mitigate damages set forth in O.C.G.A. § 13-6-5 does not apply to lease contracts.

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North Springs Associates, LLLP, sued Ismail Sirdah d/b/a Carnaval Bar and Lounge for the breach of two commercial leases for space in a shopping center. The trial court granted summary judgment in favor of North Springs on all issues of liability and damages. Sirdah now appeals. For the reasons discussed below, we affirm. “Summary judgment is appropriate if the pleadings and evidence show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Citation and punctuation omitted. Ins. Co. of the State of Pa. v. APAC-Southeast , 297 Ga. App. 553 677 SE2d 734 2009. See OCGA § 9-11-56 c. Our review of a trial court’s grant of summary judgment is de novo, with all reasonable inferences construed in the light most favorable to the nonmoving party. Northwest Carpets v. First Nat. Bank of Chatsworth , 280 Ga. 535, 538 1 630 SE2d 407 2006.

So viewed, the record shows that North Springs is the landlord under two commercial lease agreements for space in the North Springs Shopping Center on Roswell Road the “Leases”. The Leases provide for the operation of a nightclub and restaurant under the name of “Carnaval” in the designated space. The Leases do not expire until July 31, 2010.

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