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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.”

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