New York City. A Fifth Avenue Retail Lease Was Signed and Sealed. Then COVID Shutdowns Hit.
A Second Circuit panel weighed whether the "frustration of purpose" applied so that the lease agreement could be rescinded. But the commercial landlord's lawyers said a "cataclysmic" event was required., and the pandemic wasn't one.
October 06, 2022 at 06:08 PM
3 minute read
A three-judge panel of the U.S. Court of Appeals for the Second Circuit on Thursday considered whether a Fifth Avenue retailer could get relief from a lease that went into effect during the first months of the COVID-19 pandemic.
ArentFox Schiff partner James Hulme, who represents the company doing business as Desigual USA, asked the panel to reverse a Manhattan federal judge's ruling and allow Desigual to rescind its lease on the grounds of frustration of purpose.
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