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Scott E. Mollen Scott E. Mollen

Commercial Landlord-Tenant—Law Firm Tenant Failed To Establish Partial Actual or Constructive Eviction

A landlord appealed from a trial court decision, following a non-jury trial, which dismissed the petition in a non-payment summary proceeding and directed the landlord to credit the tenant’s account with an 80 percent abatement of rent, additional rent and other charges from June 23, 2016 through Jan. 15, 2017. The trial court had also granted the tenant’s claim for attorney fees as the prevailing party and denied the landlord’s motion for a stay of enforcement of the final judgment.

The Appellate Term (court) reversed, reinstated the petition and awarded the landlord a final judgment for possession and rent arrears in the principal amount of $58,491.17. The court also granted the landlord’s claim for attorney fees.

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