Parts Industries Corporation v. A.V.A. Services

A.V.A. Services, Inc., appellee (AVA) sued GPK Parts Industries, Inc., appellant (GPK) for breach of a commercial real estate lease and to enforce an option to purchase thereunder. GPK appeals from an adverse jury verdict and judgment in the amount of $43,336.19, plus 10% interest and attorneys fees, alleging nineteen issues for our review. GPKs primary contention is that as a matter of law AVA waived its cause of action for breach of implied warranty of suitability for commercial purposes, and the jury should have awarded it delinquent rent, holdover rent, penalties and late fees which it sought in its counterclaim. We affirm.