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Commercial Tenants and The Gap Ask for Rent Forgiveness Due to COVID
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Recent U S Court decisions in commercial lease disputes due to COVID-19 | Hogan Lovells
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Victoria s Secret Hit With Landlord Suit for Lapsed Store
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Recently, in
Valentino U.S.A., Inc. v. 693 Fifth Owner LLC, Justice Andrew Borrok of the New York County Commercial Division dismissed a complaint brought by Valentino U.S.A., Inc. (“Valentino” or “Tenant”), which sought to rescind or terminate the commercial lease for its Manhattan luxury fashion store and to avoid its rent obligation.[1]
Like many landlord-tenant disputes currently pending or recently decided in light of the COVID-19 Pandemic, this case involved the common law doctrines of frustration of purpose and impossibility. The Commercial Division held that neither doctrine excused Valentino’s rent obligation because the parties’ lease allocated to Valentino the risk that Valentino would not be able to operate its business.