Legal Question in Civil Litigation in New Jersey
Details of Lawsuit:
Lawsuit is between a Landlord and Commercial Tenant. The tenant is sueing the Landlord over numerous items including breach of contract. The current tenant purchased the business 3 years ago. When the business was purchased there were plans in place for the mall where the tenants business was located to be renovated completely (Some parts of the mall torn down to build apartments, new parking lot and complete makeover of the stores).
The Landlord recently adds the former tenant to the case as a 3rd Party Defendant claiming that the original tenant was responsible for explaining to the current tenant that the mall may need to close for an extend period of time ( a year and a half after the business was sold to the current tenant a fence was put up all around the mall and a large part of the mall was torn down. This locked out the current tenant from doing business. There was an addendum added to the lease when the business was sold that stated that the landlord would create an area for the current tenant to continue doing business which they did not do and refused to do).
Both the current tenant and a rep. from the landlords office agree and have stated that the former tenant did explain everything that was happening regarding the renovation of the mall. And that the current tenant knew exactly what was happening which is why there was specific language in the lease addendum to cover this type of situation.
Anyway I am the former tenant and I am being sued under my Corporation name, which I no longer use since I sold the business 3 years ago (the business that was sold was a franchise, so my corporate name is different than the business name). If the landlord loses the case and they somehow come after my corporation for money is there anyway that I would be personnally responsible to pay anything? There are currently no accounts open under the corporation name.
I work for someone else and do not currently run my own business. Any information would be helpful. Thanks
1 Answer from Attorneys
If you are not being sued personally and your corporation is not doing business and has no assets, you have no exposure. However, I would advise that you have a business lawyer review the documents and your situation with you and give you a definitive answer to that. If you make a decision not to defend the suit, you will not be able to complain about any judgments entered. /p/ My firm handles matters of this type. If I can be of further help to you, call or email. /p/ See also: http://info.corbettlaw.net/lawguru.htm
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