Judge: High Rock need not reimburse BofA for removal of property from Superman Building
PBN FILE PHOTO
A U.S. DISTRICT Court judge dismissed Bank of America's argument that it was owed reimbursement from High Rock Westminster Street for the $350,000 Bank of America paid to have High Rock remove its personal property from its former offices in 111 Westminster St.
PROVIDENCE – A U.S. District Court judge has ruled that High Rock Westminster Street LLC’s lawsuit against Bank of America Corp. will continue after determining High Rock does not owe the bank reimbursement for the $350,000 Bank of America paid to have High Rock remove its personal property from the now-vacant 111 Westminster St. office tower.
In a suit filed in U.S. District Court in July 2013, Newton, Mass.-based High Rock asked for more than $23.6 million in damages from Bank of America, alleging the bank left the 26-story art deco building known as the “Superman Building” with “crumbling facades, corroded window frames and obsolete building systems.”
In addition, High Rock said Bank of America owed several months’ rent as a hold-over tenant because it failed to remove some furnishings, equipment and other personal property following the expiration of its lease in April 2013.
Under an agreement made in November, Bank of America agreed to pay High Rock $350,000 to dispose of the furnishings left behind, and High Rock agreed it would not seek hold-over rent for any period beginning 45 days after receiving the $350,000 check. High Rock did not drop its claims for hold-over rent for the period before that date, however.
On June 17, 2014, Bank of America filed a motion claiming High Rock owed the bank reimbursement for the $350,000 payment, arguing it was not obligated to remove the furnishings and property under the terms of the lease agreement.
Chief Judge William E. Smith in a ruling issued Aug. 6 determined that High Rock does not owe reimbursement, as the $350,000 payment was made under a valid agreement between the two parties, rendering Bank of America’s argument futile.
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