![](https://images.law.com/contrib/content/uploads/sites/389/2017/10/mollen_scott-616-201312101801-1.jpg)
Commercial Landlord-Tenant Tenant Forfeited $1 Million “Vacate Fee” When Tenant Failed to Vacate On/Or Before a “Time of the Essence” Vacate Date, By Four or Five Days
A defendant and third-party plaintiff landlord moved pursuant to CPLR 3212, to dismiss an amended complaint. The landlord also moved for declaratory judgments that “plaintiff is not entitled to the $1 million surrender fee,” “directing the escrow agent to release the escrow to landlord” and as against a guarantor, “declaring that the obligation to pay $200,000 is due” and for “an inquest on attorney fees.” The plaintiff commercial tenant (deli) and its guarantor moved “for summary judgment in the deli’s favor” and “dismissing the third party complaint against…the guarantor.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]