Commercial Landlord-Tenant—Dewey & LeBouef LLP—Limited Liability Partnerships—Landlord Equitably Estopped to Object to the Form of Financial Certifications or How They Were Served—Non-Waiver Clause Did Not Prevent Lease From Being “Effectively Modified by Actual Performance” in “the Parties’ Course of Conduct”

ON MAY 28, 2012, the law firm of Dewey & LeBouef LLP (Dewey) filed for bankruptcy. Since the landlord could not be “repaid fully the amounts due under the lease as a creditor in the bankruptcy proceeding,” the landlord commenced the subject action “to hold not only Dewey…partners, but also former partners of predecessor partnerships, personally liable for current and future lease payments due under the lease.” The landlord originally sued 426 Dewey “partners and former partners of predecessor partnerships.” The landlord subsequently discontinued against certain defendants. However, 377 defendants remain in the case.

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