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18 E. 41st St. Partners LLC v. Gamlieli

Impossibility Doctrine Not Applicable to Commercial Tenants Challenging Rent Arrearages

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The following e-filed documents, listed by NYSCEF document number (Motion 001) 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 24, 25, 26 were read on this motion to/for DISMISSAL. DECISION + ORDER ON MOTION Upon the foregoing papers, defendant moves to dismiss plaintiff’s complaint pursuant to CPLR 3211 (a) subdivisions (1), (2), and/or (7)1 on the grounds that the causes of action are barred by New York City Legislation Int. No 2083-A, which amended New York City Administrative Code 22-1005 (“Guarantor Legislation”), and for failure to state a claim. The action arises out of plaintiff’s lease dated December 15, 2016 with Gamlieli Zweig, Inc. (“Tenant”) with respect to the real property on the 10th floor in the building located at 18 East 41st Street, New York, New York 10017 (see NYSCEF Doc No 1, complaint at

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