Ch. 535                                        1994 LAWS OF MARYLAND

(4)      PAYMENT OF THE JUDGMENT FOR DAMAGES OBTAINED PURSUANT TO
SUBSECTION (1) ENTITLES THE LESSEE TO THE USE AND POSSESSION OF THE GOODS
NOT THEN DISPOSED OF FOR THE REMAINING LEASE TERM AND IN ACCORDANCE
WITH THE LEASE AGREEMENT.                             

(5)      AFTER A LESSEE HAS WRONGFULLY REJECTED OR REVOKED
ACCEPTANCE OF GOODS, HAS . FAILED TO PAY RENT THEN DUE, OR HAS
.REPUDIATED (§ 2A-402), A LESSOR WHO IS HELD NOT ENTITLED TO RENT UNDER
THIS SECTION MUST NEVERTHELESS BE AWARDED DAMAGES FOR
NONACCEPTANCE UNDER § 2A-527 OR 2A-528.

2A-530. LESSOR'S INCIDENTAL DAMAGES

INCIDENTAL DAMAGES TO AN AGGRIEVED LESSOR INCLUDE ANY
COMMERCIALLY REASONABLE CHARGES, EXPENSES, OR COMMISSIONS INCURRED
IN STOPPING DELIVERY, IN THE TRANSPORTATION, CARE AND CUSTODY OF GOODS
AFTER THE LESSEE'S DEFAULT, IN CONNECTION WITH RETURN OR DISPOSITION OF
THE GOODS, OR OTHERWISE RESULTING FROM THE DEFAULT.

2A-531. STANDING TO SUE THIRD PARTIES FOR INJURY TO GOODS

'(1). IF A THIRD PARTY SO DEALS WITH GOODS THAT HAVE BEEN IDENTIFIED
TO A LEASE CONTRACT AS TO CAUSE ACTIONABLE INJURY TO A PARTY TO THE
LEASE CONTRACT (A) THE LESSOR HAS A RIGHT OF ACTION AGAINST THE THIRD
PARTY, AND (B) THE LESSEE ALSO HAS A RIGHT OF ACTION AGAINST THE THIRD
PARTY IF THE LESSEE:

(I)       HAS A SECURITY INTEREST IN THE GOODS; .

(II)     HAS AN INSURABLE INTEREST IN THE GOODS; OR

(III)    BEARS THE RISK OF LOSS UNDER THE LEASE CONTRACT OR HAS
SINCE THE INJURY ASSUMED THAT RISK AS AGAINST THE LESSOR AND THE GOODS
HAVE BEEN CONVERTED OR DESTROYED.

(2)      IF AT THE TIME OF THE INJURY THE PARTY PLAINTIFF DID NOT BEAR
THE RISK OF LOSS AS AGAINST THE OTHER PARTY TO THE LEASE CONTRACT AND
THERE IS NO ARRANGEMENT BETWEEN THEM FOR DISPOSITION OF THE RECOVERY,
HIS (OR HER) SUIT OR SETTLEMENT, SUBJECT TO HIS (OR HER) OWN INTEREST, IS AS
A FIDUCIARY FOR THE OTHER PARTY TO THE LEASE CONTRACT.

(3)      EITHER PARTY WITH THE CONSENT OF THE OTHER MAY SUE FOR THE
BENEFIT OF WHOM IT MAY CONCERN.

2A-532. LESSOR'S RIGHTS TO RESIDUAL INTEREST

IN ADDITION TO ANY OTHER RECOVERY PERMITTED BY THIS ARTICLE OR
OTHER LAW, THE LESSOR MAY RECOVER FROM THE LESSEE AN AMOUNT THAT
WILL FULLY COMPENSATE THE LESSOR FOR ANY LOSS OF OR DAMAGE TO THE
LESSOR'S RESIDUAL INTEREST IN THE GOODS CAUSED BY THE DEFAULT OF THE
LESSEE.

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