Debtors' possession and enjoyment of the premises.
Debtors responded to the sign by posting their own sign in a window of the daycare, stating, "We. Have Filed a Law Suit Against Frank Zokaites. He Is In Violations of Judge Folino's Court Order. His Rent Is Being Held In a Court-Ordered Escrow Account. We Owe Him Nothing.[17] Zokaites sued them in a Complaint for Injunctive Relief and Damages on September 22, 2005, and Debtors counterclaimed for defamation, interference with contractual relations and false litigation/invasion of privacy. That Complaint is still pending in state court.
The declaratory judgment action commenced by Debtors in June 2005 was tried without a jury on May 8 and 9, 2006, and resulted in a judgment in favor of Zokaites. The parties dispute specifically what issues wereand I Am Evicting Them. Frank Zokaites Landlord." is clear.[18] At one point, the sign was uncovered.[19] Some parents saw it again, as Darlene Wisniewski, one of those parents, testified.
To that point in their relationship, the landlord was making efforts to evict the Debtors and to collect the rents due under Amendment No. 1, and Debtors were trying to remain in the premises. However, those positions are now reversed. Prepetition, on June 1, 2006. Debtors entered into a new lease with a different landlord for a different facility (Defendant's Exhibit 31). Debtors did not inform Zokaites that they were leaving his building and did not inform the new landlord, Patrick DiCesare, that they were obligated on a lease with Zokaites through October, 2009.
When Zokaites learned about the new