CW A & P MAMARONECK LLC v. PFM WC-1, LLC

Index No. 57571/2021.

2022 NY Slip Op 50203(U)

CW A & P MAMARONECK LLC, Plaintiff, v. PFM WC-1, LLC, ERIC GLEIT and MAYA KLOTSMAN A/K/A MAYA RUDY KLOTSMAN, Defendants.

Supreme Court, Westchester County.

Decided March 16, 2022.


Attorney(s) appearing for the Case

LISA M. BLUESTEIN, ESQ. , LAW OFFICES OF LISA M. BLUESTEIN, LLC, 111 Brook Street, Suite 202, Scarsdale, New York 10583, for Plaintiff.

ADAM N. LOVE, ESQ. , MARKS DIPALERMO PLLC, 485 Madison Avenue, 16th Floor, New York, New York 10022, for Defendants.


The motion is granted, and defendants' counterclaims are dismissed.

In this commercial landlord-tenant action, the defendants, which operated a fitness center at the demised premises, raise defenses based on the doctrines of frustration of purpose and impossibility of performance. The defenses are grounded in the economic...

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