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SCHULTE ROTH & ZABEL LLP v. METROPOLITAN 919 3RD AVE. LLC

655632/20. Appeal No. 15386. Case No. 2021-02115.

202 A.D.3d 641 (2022)

164 N.Y.S.3d 104

2022 NY Slip Op 01261

Schulte Roth & Zabel LLP, Respondent, v. Metropolitan 919 3rd Avenue LLC, in its Individual Capacity and as Successor in Interest to 919 Third Avenue Associates L.P., Appellant.

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

Decided February 24, 2022.

Attorney(s) appearing for the Case

Fried, Frank, Harris, Shriver & Jacobson LLP, New York ( Janice Mac Avoy of counsel), for appellant.

Foley & Lardner LLP, New York ( Peter N. Wang of counsel), for respondent.

Concur—Webber, J.P., Kern, Moulton, González, Mendez, JJ.

Plaintiff tenant seeks a rent abatement for a period of time during the Covid-19 pandemic in which the great majority of its employees worked remotely and not at the leased premises. Plaintiff relies on section 5.4 of the parties' lease, which provides for a rent abatement in the event that certain conditions are met.

The motion court properly denied defendant's motion to dismiss the complaint on the ground that section...

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