Scott Mollen Commercial Landlord-Tenant—Pandemic and Governor's Executive Orders Did Not Provide Basis To Invoke Doctrines of Frustration of Purpose, Impossibility and Lack of Consideration and Did Not Constitute a "Taking"
A plaintiff landlord alleged that the commercial tenant had failed to pay rent from April 1, 2020 through the present. The landlord asserted that it is owed $162,905.65 for rent, water charges, utilities and other charges.Realty Law Digest
Scott E. Mollen, a partner at Herrick, Feinstein, discusses two landlord-tenant cases: "Mall 1-Bay Plaza v. Bronx Vistasite Eyecare," where temporary closures under executive orders did not constitute a taking of tenant's business, and "Bronx Park Phase II Preserv v. V.C." where the court granted tenant's motion to hold a holdover eviction proceeding via virtual trial.
June 29, 2021 at 11:47 AM
18 minute read
Scott Mollen
Commercial Landlord-Tenant—Pandemic and Governor's Executive Orders Did Not Provide Basis To Invoke Doctrines of Frustration of Purpose, Impossibility and Lack of Consideration and Did Not Constitute a "Taking"
A plaintiff landlord alleged that the commercial tenant had failed to pay rent from April 1, 2020 through the present. The landlord asserted that it is owed $162,905.65 for rent, water charges, utilities and other charges.
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