BBG is pleased to announce another favorable decision in a commercial nonpayment proceeding on behalf of our client. This latest ruling includes key outcomes such as the granting of summary judgment, allowance for amendments, dismissal of certain defenses, and consideration of attorney’s fees.
The Tenant’s defenses in this case encompassed a range of issues, including lack of personal jurisdiction, failure to serve a timely rent demand notice, improper naming of the tenant entity, claims of impossibility of performance, frustration of purpose, and failure of consideration due to the pandemic. Notably, the Court found that the Tenant’s defense of lack of personal jurisdiction was waived due to its omission from their pre-answer motion to dismiss, which was based on a prior action pending.
The Judge sided with our client, granting summary judgment, which included a judgment of possession, a significant monetary judgment of $2.6 million, dismissal of the Tenant’s affirmative defenses, and an award of attorney’s fees.
Lewis A. Lindenberg and Christina Browne were the experienced attorneys who skillfully handled this case. For more detailed information about this case and its implications, feel free to contact your attorney of record or reach out to us.