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Scott Mollen

Commercial Landlord-Tenant—Plaintiff’s Effort To Renew Lease Rejected—Equity Would Not Relieve Plaintiff of Untimely Notice To Renew Where Out-of-Possession Tenant Failed To Make Improvements in Anticipation of Renewal and Lacked Goodwill as a Going Concern

A court granted a defendant’s motion for summary judgment, dismissing the plaintiff’s claim for injunctive relief and a declaration that the plaintiff’s untimely notice to renew the party’s lease was effective. The court denied the plaintiff’s motion for leave to amend the complaint and to compel discovery.

The defendant owned the subject real property. In 1999, the property was divided into two parcels that were leased to (“A”) pursuant to separate ground leases. “A” subleased one parcel (parcel A) to CVS West Babylon, LLC (CVS sublease). Pursuant to the CVS sublease, “A” built a freestanding CVS pharmacy and store on parcel A, at its sole cost and expense. In 2015, “A” assigned its interest in the ground lease of parcel A (CVS ground lease) and the CVS sublease to the plaintiff.

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