Scott Mollen Realty Law Digest
Scott E. Mollen, a partner at Herrick, Feinstein, discusses "39-50 24th St. Realty v. Ol'Bridge Café Inc," where tenant violated the lease for operating an unlicensed catering facility and created a public hazard for holding an large event during the pandemic, and "Bd. of Managers, 80th at Mad. Condo," where questions of fact remained if the board acted arbitrarily in refusing to approve exterior signage.
March 30, 2021 at 01:33 PM
15 minute read
Commercial Landlord-Tenant—Tenant Violated lease by Operating Unlicensed Catering Facility and Created a Public or Private Nuisance—Events With Large Gatherings During Pandemic Created Public Health Hazard—Tenant Also Defaulted on Rent Obligation—Defense Witness Testified There Was No Alcohol Served or Brought in to Weddings, Engagement Parties or Super Bowl Parties Held at the Premises—Defendant Must Have Thought That the Judge "Just fell of the proverbial turnip truck"
A landlord and a tenant entered into a lease for a five-year term. The permitted use was for "a restaurant." The tenant, in addition to paying a monthly rent of $4,000.00, was to be responsible for real estate taxes, late fees "in the amount of 10 percent of the monthly rent," as well as legal fees if the tenant defaulted and the landlord was required to commence or defend an action or proceeding resulting from the default.
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