Scott E. Mollen
Scott E. Mollen, a partner at Herrick, Feinstein, discusses “Via Port New York v. Sears,” where the court held that Sears did not breach its lease terms or contract when it closed its mall store; and “Forest Enter. Mgmt. Inc. v. The county of Warren,” an eminent domain action, where the county incurred an independent obligation to pay just compensation.
December 04, 2018 at 02:35 PM
1 minute read
Commercial Landlord-Tenant—Tenant May Terminate Its Lease Because Other Mall Store Failed To Continuously Operate For 12 Months
A landlord sued Sears Roebuck & Co. (defendant) for breach of contract. The defendant moved to dismiss the complaint for failure to state a claim. The court granted the defendant’s motion.
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