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Remedies Keyed to Tabb, 8th
Monarch Accounting Supplies, Inc. v. Prezioso
Citation:
170 Conn. 659 (1976)Facts
Monarch Accounting Supplies, Inc., conducted a mail-order business from a building it leased from William Prezioso under a five-year lease beginning June 1, 1972. The lease described the premises as a parcel of land with a one-story masonry building and a second-story addition, without specific reference to the roof. In 1973, the plaintiff’s president learned that Murphy, Inc., an outdoor advertising company, would erect a large sign on the building’s roof pursuant to an agreement with Prezioso, who had neither notified the plaintiff nor sought its consent. After holes were made in the building’s walls and roof and much of the supporting structure was in place, the plaintiff brought this action seeking injunctive relief and damages. The plaintiff and Murphy, Inc., stipulated that the sign could be installed upon completion of structural changes recommended by a structural engineer, with liability for expenses and rights to rent to be determined at trial. The plaintiff subsequently filed an amended complaint claiming damages for business interruption, engineering and legal fees, diminution of storage space, breach of quiet enjoyment, and unjust enrichment, seeking $15,000 in damages and a determination of rights to rental income from Murphy, Inc.
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