Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Case Notes
In commercial tenant's action for breach of contract, landlord appealed from the New York Supreme Court's judgment for tenant in the amount of $1,250,000. The Appellate Division affirmed, holding that tenant was entitled to relief from its failure to timely exercise its renewal option. Laundry Management – N.3rd Street Inc. v. BFN Realty Associates, LLC, (AppDiv, Second Dept.) (memorandum opinion).
The tenant operated a laundry on the premises pursuant to a lease whose original term expired on Nov. 30, 2011. A lease rider gave the tenant the option to renew for two successive five-year periods so long as the tenant notified the landlord of its intent to exercise the renewal option no later than six months prior to the expiration of the then-existing term. The rider provided for notice in writing and delivered personally or by registered or certified mail or by a reputable overnight courier service. The landlord contended that tenant did not provide notice of an intent to renew until it received notice by certified mail in November 2011. The landlord rejected that notice as untimely, and tenant vacated the premises pursuant to court order in April 2012. The tenant then brought this action for breach of contract. At trial, one of tenant's principals testified that he had an employee hand deliver a renewal notice on May 30, 2011. Although the principal did not mention hand delivery in his earlier deposition or two sworn affidavits, and although landlord's representative testified that its office was closed that day, which was Memorial Day, the Supreme Court awarded tenant judgment for $1,250,000. The landlord appealed.
This premium content is locked for Commercial Leasing Law & Strategy subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.