Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Scott E. Mollen

Commercial Landlord-Tenant—Fire—Tenant Alleged That Landlord Would Only Permit Tenant to Resume Occupancy If Tenant Would Renegotiate Terms of Its Lease—More Than a Year Later, With No New Agreement, Landlord Cancelled the Lease—Breach of Contract—Breach of the Covenant of Quiet Enjoyment—Interference With Contract – RPAPL 853

The plaintiff commercial tenant had signed a ten-year lease dated Oct. 1, 2011, with defendant landlord “A.” The tenant operated a laundromat. A fire occurred on July 18, 2013, in an upstairs residential unit. Electric and gas (utility) service in the building was terminated and the tenants were required to vacate the premises.

The city required “A” to make certain repairs before the building could be reoccupied and had issued violation notices (violations). The violations referred to necessary “electrical repairs,” removal of fire damaged debris and repair of certain structural problems. Although “A” applied for a permit to do “minor alterations/repairs on July 26, 2013” and a city agency (City) had issued a permit, the required repair work had not been completed. On April 15, 2014, “A” sold the building to defendant landlord “B.” Defendant “C” is the sole principal of “B.”

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com

Lean Adviser Legal

Think Lean Daily Message

"Sequencing then, is everything. The four stages of Lean Law, which were borrowed from Strategic Management, are set out in the same order. This is not accidental. As with anything strategic in origin, there is a logic for everything. We are going to apply these four stages, Plan, Execute, Monitor and Improve"

Learn More

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2018 ALM Media Properties, LLC. All Rights Reserved.