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Meridian North Investmets LP v. Sondhi

Court of Appeals of Indiana

February 24, 2015

Meridian North Investments LP, Appellant-Defendant,
v.
Anoop Sondhi DDS, MS, Appellee-Plaintiff

Page 1001

Appeal from the Marion Superior Court. Cause No. 49D02-1210-PL-39036. The Honorable Theodore M. Sosin, Judge.

ATTORNEYS FOR APPELLANT: Jon C. Abernathy, Andrew B. Janutolo, Goodin Abernathy, LLP, Indianapolis, Indiana.

ATTORNEY FOR APPELLEE: Jeffrey S. Zipes, Coots Henke & Wheeler, P.C., Carmel, Indiana.

Barnes, Judge. May, J., and Pyle, J., concur.

OPINION

Page 1002

Barnes, Judge.

Case Summary

[¶ 1] Meridian North Investments, LP (" Meridian North" ) appeals the trial court's denial of its motion for summary judgment against Anoop Sondhi, D.D.S., M.S. (" Dr. Sondhi" ). We affirm.

Issue

[¶ 2] The restated issue before us is whether Dr. Sondhi personally is bound by exculpatory provisions in a lease with Meridian North that Dr. Sondhi signed on behalf of his orthodontic practice.

Facts

[¶ 3] In 1995, Meridian North agreed to lease space in an office building in Indianapolis to Anoop Sondhi, D.D.S., M.S., P.C. Dr. Sondhi signed the Lease as President of the named tenant, Anoop Sondhi, D.D.S., M.S., P.C. In 2002, the Lease was renewed. At that time, Dr. Sondhi signed the Lease as President of Sondhi Orthodontics, P.C. In 2009, the Lease again was renewed. At that time, Dr. Sondhi signed the Lease as President of Sondhi-Biggs Orthodontics, P.C. (" Sondhi-Biggs" ); the Lease was co-signed by the Vice-President of Sondhi-Biggs, Jeffrey Biggs.

[¶ 4] The Lease contained the following provision, Section 6.1, regarding maintenance of the premises ...


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