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.
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Should you have any questions, please do not hesitate to contact your BBG attorney on record or email us at info@bbgllp.com