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What Happened: An office tenant moved out when quality testing of the air inside an office building revealed the presence of asbestos at unsafe levels. The landlord sued for unpaid rent, and the tenant countersued the landlord for negligence by undertaking repairs on the roof knowing it might disturb asbestos-containing materials. It also asserted another tort-based counterclaim for products liability. You can’t raise tort claims in a contract lawsuit, the landlord argued.
