ContractsProf Blog

Editor: Jeremy Telman
Oklahoma City University
School of Law

Thursday, August 29, 2024

A Passover Night Different From All Other Passover Nights . . .

Since 2008, Greenwald Caterers had been hosting a Passover seder for the Orthodox Jewish community at a hotel in Lancaster, Pennsylvania (the Hotel).  The contract gave community members the right to exclusive use of the entire hotel, with the exception of some common areas and represented that the hotel would maintain certain standards of cleanliness, including making sure that the facilities were maintained in accordance with Jewish regulations regarding kashrut -- all dining facilities had to be kosher and kosher for Passover.

Ukrainian Seder
In 2018, the Hotel was acquired by Wyndham and was undergoing re-branding and renovations.  Notwithstanding these developments, the parties entered into a five-year agreement that the Hotel would continue to host the seder through 2023.  However, according to the plaintiffs, they arrived for the 2019 seder to discover the Hotel in a state of disarray. 

One of the centerpieces of a Passover seder is the "Four Questions" usually read/chanted by the youngest participant in the seder.  The four questions begin by asking why this night is different from all other nights and then each verse of the four questions specifies ways in which the seder is different from other evening meals. 

In what ways was the 2019 seder in Lancaster different from all other seders? As the U.S. District Court for Eastern Pennsylvania  recounts in Greenwald Caterers LLC v. Lancaster Host LLC, attendees encountered in their rooms:

[C]at crates, cat litter, a “deeply inundating” smell of cat waste, plumbing issues, lack of water, sewage backups, mouse droppings, cockroaches, vermin, exposed nails, uncovered electrical outlets, mold, exposed lead paint, construction dust, non-functioning air conditioning, unmade beds, misplaced or missing furniture and beds, missing cots, missing doors, non-Kosher cooking utensils and cooking equipment, and inoperable telephones.

And of course, the kitchen facilities did not meet the Kosher standards specified in the contract.  It's hardly the ten plagues, but it sounds pretty bad. The herbs must have been especially bitter that evening.  Even after downing all four obligatory glasses of wine, nobody is going to be saying "Dayenu!"

And what's up with all the cats?  Were the cats brought in to address the mouse and other vermin problems or did this rebranding and renovation crew consist of childless cat ladies?  So many questions . . . .

Greenwald Caterers scrambled to accommodate its clients.  It hired extra staff, found lodging for some attendees at neighboring hotels, provided free food and linens to guests, secured generators and fuel, and set up a temporary cooking facility.  The court ruled on competing motions for summary judgment, denying plaintiffs' motion, granting defendants' motions in part, and moving the case a step closer to trial.

Barack_Obama_hosts_a_Seder_dinner_2009
As to plaintiffs' motion, the court found that defendants had created disputes as to issues of fact with respect to each of plaintiffs claims for breach of contract. A jury must makes credibility determinations after hearing from fact witnesses.  As a result, the court denied plaintiffs motion for summary judgment as to their breach of contract and declaratory judgment claims

In the next part of the opinion, the court granted the Hotel's motion to preclude testimony from two of the plaintiffs' three expert witnesses.  A jury could hear from a third expert only as to certain issues.  The court then granted some portions of the defendants' motions for summary judgment, excluding certain categories of damages from the case going forward.  Five years after the incident, with the court having cleared away so many issues, I would be surprised if the case did not quickly proceed to settlement.  

https://lawprofessors.typepad.com/contractsprof_blog/2024/08/a-passover-night-different-from-all-other-passover-nights-.html

Food and Drink, Recent Cases, Religion | Permalink

Comments

trial is already finished. You did not do enough homework.

Posted by: good citizen | Sep 29, 2024 1:25:15 PM