Scott Mollen Realty Law Digest
Scott E. Mollen, a partner at Herrick, Feinstein, discusses three commercial landlord-tenant cases: "138-77 Queens Blvd LLC v. QB Wash LLC," "Daval 37 Assocs. LLC v. Alamoda Fascination LLC," and " RPH Hotels 51st St. Owner LLC v. HJ Parking."
March 09, 2021 at 12:39 PM
16 minute read
Commercial Landlord-Tenant—Ejectment Action—Court Rejected Car Wash's Frustration of Performance and Impossibility Defenses Based on COVID-19—Executive Order 202.28 Applies to Proceedings, Not Actions and Is Inapplicable to Ejectment Action—Landlord's Lawful Termination of Lease Did Not Constitute Harassment
A landlord commenced a commercial ejectment action, seeking to evict a tenant which operated a car wash and automotive lube shop (car wash). The landlord commenced the action on Sept. 4, 2020. The tenant served an answer with counterclaims. The landlord then sought an order directing payment of "prospective and retroactive use and occupancy (U&O)."
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