Recent U S Court decisions in commercial lease disputes due to COVID-19 | Hogan Lovells jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.
The United States District Court for the Southern District of New York (the “Court”) decided in Gap Inc. v. Ponte Gadea N.Y. LLC on March 8, 2021 that a retail tenant will not be able.
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COVID-19 Update: Can t Lose What You Never Had: Court Rejects All Legal Theories Asserted by Retail Tenant Wednesday, May 19, 2021
Court”) decided in
Gap Inc. v. Ponte Gadea N.Y. LLC on March 8, 2021, that a retail tenant will not be able to use the COVID-19 pandemic as an excuse for not making rent payments under multiple legal theories.
This case is one of many cases now before New York courts in the aftermath of New York’s decision to shut down non-essential businesses during the rise of the COVID-19 pandemic. The Gap Inc. (the “
GAP”) commenced the action against its landlord, Ponte Gadea New York LLC (“
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Retail landlords still suing over skipped rent
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While businesses have been suing their insurers, commercial landlords have also been filing claims against tenants that have skipped rent, citing similar coronavirus losses. While no database tracks these cases, several recent rulings have gone against tenants.
Movie theaters one of the sectors the pandemic has pushed to the brink have found little solace in the courts.
In early April, a Regal Cinemas theater near Boca Raton, Florida, was ordered to pay $886,000 to landlord Terranova for 10 months of missed rent.