Realty Law Digest
Scott Mollen discusses "133 E. 58th Street, LLC v. Honors New York Center for Bridge," where plaintiff's who operated a bridge club attempted to be excused from rent due to impossibility of performance but the court determined to club to be a 'non-essential retail establishment, and "Moody v. The Related Companies," where an FHA discrimination claim was dismissed against the developer of Hudson Yard's affordable rental units.
August 30, 2022 at 01:05 PM
17 minute read
Commercial Landlord -Tenant—Impossibility of Performance—Guaranty Law Inapplicable To Operation of a Bridge Club—Bridge Club Was Not a 'Non-Essential Retail Establishment'—Service of Food and Beverage Was Only a 'Secondary' Service to Its 'Primary Business'—Issues of Fact Precluded Summary Judgment On Issue of Impossibility of Performance
This decision involved a commercial landlord-tenant action. The defendant tenant and its guarantor moved for summary judgment dismissing the landlord's complaint and for summary judgment on the guarantor's counterclaim. The landlord cross-moved for summary judgment on its claim for unpaid rent and additional rent and against the guarantor. It also sought attorney fees and summary judgment dismissing the tenant's affirmative defenses and the guarantor's counterclaim.
The tenant is a "non-membership bridge organization," which provides instruction in the game of bridge and space for "both casual and duplicate bridge games." The tenant maintained a kitchen to prepare food and beverages for its customers and also marketed "bridge paraphernalia, such as bridge sets, books, playing cards, and other items." However, those "offerings" were "secondary to its primary business of providing bridge instruction and bridge games."
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