Scott Mollen, Partner at Herrick, Feinstein LLP Realty Law Digest
Scott Mollen discusses two commercial landlord-tenant cases: "New WTC Retail owner LLC v. Fal Coffee WTC," and "ADBH 22nd Floor, Inc. v. NY Park N. Salem."
March 08, 2022 at 01:53 PM
18 minute read
Commercial Landlord-Tenant—Westfield World Trade Center Mall—Court Rejects Tenant's Waiver Argument That Was Based on Landlord's Acceptance of Partial Rent and COVID-19 Related Defenses of Force Majeure and Impossibility—Liquidated Damages—Landlord Could Keep or Dispose of Tenant's Equipment Trade Fixtures and Personal Property After Lease Termination
A plaintiff landlord sought to recover damages for breach of a commercial lease and had moved for summary judgment on its first cause of action (COA) for unpaid rent and additional rent through Oct. 8, 2019 and on its second COA to accelerate the rent and additional rent through Aug. 31, 2026. The landlord also moved to strike the defendant tenant's affirmative defenses. The court granted the landlord's motion in part.
In 2013, the parties executed a written 10-year lease for retail space at a large shopping mall. It required the tenant to pay a minimum monthly base rent, additional rent consisting of pro rata share of taxes, insurance and other building expenses (additional rent) and a percentage of any annual gross sales exceeding $2.5 million.
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