Scott Mollen Commercial Landlord-Tenant—Issues of Fact Preclude Pre-Discovery Dismissal of Force Majeure, Frustration of Purpose, Impossibility and Lack of Consideration Defenses—Constructive Eviction Claim Dismissed—Landlord Argued, Inter Alia, That the Risks of a Global Pandemic Were Foreseeable and the Real Reason the Tenant Sought To Escape Its Lease Obligations Was "Buyer's Remorse"
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.Realty Law Digest
Scott E. Mollen, a partner at Herrick, Feinstein, discusses "1877 Webster Ave. Inc. v. Tremont Center," where the lack of a force majeure provision did not bar impossibility and frustration of purpose claims, and "Matter of Academy Sq. Apts. Hous. Dev. Fund Co. v. Assessor, City of Utica," where a panel affirmed an order granting the owner tax exempt status on parcels under RPTL §420-a.
June 15, 2021 at 12:46 PM
14 minute read
Scott Mollen
Commercial Landlord-Tenant—Issues of Fact Preclude Pre-Discovery Dismissal of Force Majeure, Frustration of Purpose, Impossibility and Lack of Consideration Defenses—Constructive Eviction Claim Dismissed—Landlord Argued, Inter Alia, That the Risks of a Global Pandemic Were Foreseeable and the Real Reason the Tenant Sought To Escape Its Lease Obligations Was "Buyer's Remorse"
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.
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