The parties had entered into a commercial lease in November 2019. The landlord had moved to dismiss the plaintiff’s claims based on documentary evidence, i.e., the language of the lease.

The lease provided that the premises would be used solely for a “first class NIGHTCLUB and for no other purpose.” The tenant sought a declaration that “the purpose of the lease has been frustrated by the COVID-19 pandemic (COVID) and that it is released from its obligations because the lease was voided and/or terminated as of March 17, 2020.” The tenant also sought “recission of the lease based upon impossibility of performance; failure of consideration; constructive eviction; and a declaration that the personal guaranty is void.”

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