R&E Obtains Summary Judgment For Commercial Landlord Seeking To Terminate Lease For Non-Payment of Rent

Supreme Court of the State of New York, Kings County
Decided: March 4, 2022
R&E Team: Bradley S. Silverbush

Rosenberg & Estis, P.C. obtained summary judgment in a commercial action in the Supreme Court of the State of New York, Kings County on behalf of a landlord seeking to terminate a lease for non-payment of rent. The tenant asserted covid-related defenses, claiming that its inability to make monthly payments was a direct consequence of covid which created a triable issue of fact. Justice Landicino agreed with R&E’s position and held it was insufficient to raise an issue of fact regarding the defendant’s admitted rent obligations under the lease.