URBAN ARCHAEOLOGY LTD. v. 207 E. 57TH STREET LLC

1822, 600827/09

68 A.D.3d 562 (2009)

2009 NY Slip Op 9379

891 N.Y.S.2d 63

URBAN ARCHAEOLOGY LTD., Appellant, v. 207 E. 57TH STREET LLC, as Successor in Interest to 207 E. 57TH STREET ASSOCIATES, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 17, 2009.


The force majeure clause of the parties' lease agreement contemplates either party's inability to perform its obligations under the lease due to "any cause whatsoever" beyond the party's control — other than financial hardship. This clause conclusively establishes a defense to plaintiff's claim that it is excused from performing under the lease by reason of the effect that the downturn in the economy has had on it (see Kel Kim Corp. v Central Mkts., ...

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