A commercial landlord had moved to dismiss a retail tenant’s complaint for failure to state a cause of action. The court granted the motion in part and denied it in part.

The litigation involves a lease renewal for the third and fourth floors of a retailer’s flagship store located at Madison and 72nd St. The specific dispute involved a third lease modification agreement which became effective Dec. 1, 2020. The agreement had been signed during the “height of the pandemic.”

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