Commercial Landlord-Tenant—Land Use – Development—Variance —Generalized Opposition to Project—Force Majeure—Yellowstone Injunction—Trump’s Jones Beach Restaurant and Catering Facility

A plaintiff commercial tenant sought relief from its obligation to pay annual rental fees pursuant to a lease with the defendant, New York State Office of Parks, Recreation and Historic Preservation and the right to discontinue payments to a surety on a capital performance bond pending the issuance of a building permit. The plaintiff also sought to enjoin the defendants from “demanding or collecting rents under the lease, taking action to terminate or enforce the lease, requiring the Plaintiff to file, or continue, a Capital Enforcement Bond, and for a tolling of the time within which construction is to be completed for a term equal to the delay occasioned by the actions of the Defendants.”

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