Scott Mollen Realty Law Digest
Scott E. Mollen, a partner at Herrick, Feinstein, discusses "SVC W. Babylon LLC v. 204 Great E. Neck Rd. LLC," where the defendant was granted dismissal of the plaintiff's option to renew the lease, and " Cayuga Indian Nation of New York v. Seneca County," where it was held that tribal sovereign immunity bars a county's foreclosure actions for nonpayment of taxes.
November 24, 2020 at 12:54 PM
15 minute read
Commercial Landlord-Tenant—Plaintiff's Effort To Renew Lease Rejected—Equity Would Not Relieve Plaintiff of Untimely Notice To Renew Where Out-of-Possession Tenant Failed To Make Improvements in Anticipation of Renewal and Lacked Goodwill as a Going Concern
A court granted a defendant's motion for summary judgment, dismissing the plaintiff's claim for injunctive relief and a declaration that the plaintiff's untimely notice to renew the party's lease was effective. The court denied the plaintiff's motion for leave to amend the complaint and to compel discovery.
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