Appellate Division Reverses $542K Judgment for Landlord in Battle Over Unpaid Commercial Rent During COVID Shutdown
"Initially, we note that WH Associates' claims were not supported by certifications or deposition testimony," the opinion said. "Instead, those claims were asserted in its briefs. Claims in briefs by counsel do not constitute certified proof and are insufficient to support a summary judgment order."
April 10, 2023 at 02:23 PM
5 minute read
Closed New York Sports Clubs gym during the COVID-19 pandemic in New York in 2020. Credit: rblfmr/Shutterstock.com The New Jersey Appellate Division reversed a trial court order granting summary judgment to a landlord and awarding more than $542,000 in a battle over unpaid commercial rent on a Hoboken property by a business "devastated" by the mandatory closure and subsequent restrictions placed on it during the COVID-19 pandemic.
According to the unpublished April 6 opinion, the appellant in this case, Town Sports International Holdings, stopped paying rent in April 2020 and filed for bankruptcy the following September. In bankruptcy court, the landlord, Washington-Hudson Associates, asserted a claim for more than $1.9 million and asserted that TSI had not paid rent and had not vacated the premises until Sept. 29, 2020. The space was eventually rented again in May 2021.
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