Mortgage Connect Document Solutions, LLC v. Green Industrial Development Group, LLC

Summary

The Delaware Superior Court denied Green Industrial Development Group, LLC’s motion for reargument or, alternatively, to alter or amend the judgment and its request to reopen the judgment for additional testimony. The Court held that Green identified neither overlooked law nor new evidence and that including the tenant-improvement allowance or brokerage commissions separately would result in double recovery.

Holdings

1. The brokerage commissions could not be awarded as a separate line-item expense because, although recoverable under Lease Section 23.1, they were already included in the lost-rent calculation; a separate award would constitute double-counting.
2. Green was not entitled to reargument because it identified neither overlooked applicable law nor new evidence and sought to rehash an issue that had already been briefed and decided.
3. The Court denied Green's request to open the judgment and permit additional testimony because Green cited no supporting authority and identified no circumstance rising to the level of manifest injustice.

Questions Presented

1. Whether the Court's treatment of brokerage commissions was inconsistent or resulted in impermissible double-counting.
2. Whether Green was entitled to reargument under Superior Court Civil Rule 59(e) concerning the deduction of the tenant improvement allowance from its damages.
3. Whether the Court should open the judgment under Superior Court Civil Rule 59(a) to permit additional testimony concerning the tenant improvement allowance.

Disposition

other