Scott Mollen 'Peacable' Self-Help and 'Willful Misconduct': This Week in Scott Mollen's Realty Law Digest
Scott Mollen discusses "128 Second Realty LLC v. Toscana Pizza Inc.," where the court ruled that voluntary abandonment of premises defeated the defendant's counterclaims, and Manhattan Chrystie Street Development Fund, LLC v. The Witkoff Group" dealing with the concept of "willful misconduct" where the court held that in this case, "willful misconduct" constituted an action that was "voluntary and intentional, but not necessarily malicious."
October 24, 2023 at 01:32 PM
18 minute read
Commercial Landlord-Tenant—Self-Help—Voluntary Abandonment of Premises—Landlord Argued That the Lease Waived Force Majeure Protection and Tenant Had Transferred Its Business and Its Assets to a New Location a Few Blocks Away and Tenant Operated at the New Location With the Same Trade Name, Owners and Employees—Tenant Allegedly "Fraudulently Transferred Assets to a New Location"—Based On Letters Which The Tenant Sent to the Landlord, "Any Rational Person Reading These Letters Would Think That Defendants Had Vacated the Premises"—After Tenant Advised Landlord That They Left the Premises, Tenant Could Not Claim Damages for Items They Left in the Leased Premises
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