Scott E. Mollen
Commercial Landlord-Tenant Tenant Forfeited $1 Million “Vacate Fee” When Tenant Failed to Vacate On/Or Before a “Time of the Essence” Vacate Date, By Four or Five Days
A defendant and third-party plaintiff landlord moved pursuant to CPLR 3212, to dismiss an amended complaint. The landlord also moved for declaratory judgments that “plaintiff is not entitled to the $1 million surrender fee,” “directing the escrow agent to release the escrow to landlord” and as against a guarantor, “declaring that the obligation to pay $200,000 is due” and for “an inquest on attorney fees.” The plaintiff commercial tenant (deli) and its guarantor moved “for summary judgment in the deli’s favor” and “dismissing the third party complaint against…the guarantor.”
