DHG Mgmt. Co. v. French Partners LLC, et al., No., 654319/2020 (N.Y. Sup. Ct. N.Y. Cty. 2020) (tenant of the plaintiff for breach of the lease agreement, which provided that the lessor would give the tenant access to the leased property seven days a week.
Plaintiff-tenant argued that this promise was made, not only with respect to the landlord, but with respect to the “world.” When the state closure took place, the lessor claimed that it was a force majeure event, which overturned the owner`s obligation to grant consistent access to the rented premises. The complainant-tenant argues that the force majeure clause is not applicable because the complainants do not claim that the lessor himself violated Confederation; On the contrary, the applicant`s argument is that the lessor has issued a guarantee to third parties who have interfered with the tenant`s access, And this is where the government prevented access to the tenant and the landlord is therefore responsible for this damage) (09/09/2020 Complaint) (10/05/2020 Notice of Motion to Dismiss and Affirmation in Support of Motion to Dismiss) (10/12/2020 Affirmation in Opposition to Motion to Dismiss) Banco Santander (Bras), Ail. v. American Airlines, Inc., No. 20-cv-3098 (E.D.N.Y. 2020) (request for a declaration that it may be terminated under the force majeure clause, which includes “the act of God” and “government act”; The defendant argues that the applicant did not assert a right because the agreement took into account the force majeure event and these provisions provide for it; The applicant argues that it sufficiently maintains that the agreement does not take into account the force majeure event and claims such a statement.) (07/10/2020 Complaint); 24.08.2020 Additional recourse; 09/04/2020 Request for release for non-request from the defendant; 25.09.2020 Request to quash the complaint for non-compliance with a claim, refiled under seal 10/07/2020; 10/09/2020 Defendant`s response in support of the dismissal application) The Court provided a detailed explanation of the force majeure clause on contractual obligations. The Court held that the relationship between a lessor and the tenant, a lessor and a taker, as well as a licensee, depended on the terms of their respective contracts and that the issue of a waiver, suspension or order in the event of payment of rents depended on the terms set out in each contract. You will find more articles from COVID 19 in lexcounsel.in/articles-2020/ and coVID 19 corresponding legal updates in lexcounsel.in/newletters/newsletters-2020/.