In a recent Supreme Court, New York County decision that was issued just three weeks after oral argument on a motion, BBG successfully recovered over a half million dollars of rent owed by a commercial tenant, as well as attorneys’ fees. Partner, Jeffrey Levine, and Associate, Brian Bendy, handled the litigation.
As part of the litigation, BBG filed a motion seeking, among other things, dismissal of the tenant’s sixteen affirmative defenses (which included, among others, the frustration of purpose and impossibility of performance as a result of the Covid-19 pandemic) and seven counterclaims (which included, among others, breach of contract, rescission of lease and nuisance). The court issued a decision granting BBG’s motion in its entirety. This decision demonstrates the Court’s adherence to, among other things, the rule of law that Covid-19 cannot be used by commercial tenants as an excuse for the nonpayment of rental arrears owed under a lease agreement.
BBG effectively represents many sophisticated commercial landlords and can provide strategic and substantive advice with regard to all commercial lease issues and disputes.
Should you have any questions, please do not hesitate to contact your BBG attorney on record or email us at firstname.lastname@example.org