KNICKERBOCKER RETAIL LLC v. BRUCKNER FOREVER YOUNG SOCIAL ADULT DAY CARE INC.

Index No. 34731/20E. Appeal No. 15759. Case No. 2021-04054.

204 A.D.3d 536 (2022)

167 N.Y.S.3d 462

2022 NY Slip Op 02623

Knickerbocker Retail LLC, Appellant, v. Bruckner Forever Young Social Adult Day Care Inc. et al., Respondents.

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

Decided April 21, 2022.


Attorney(s) appearing for the Case

Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., New York ( Paul N. Gruber , of counsel) for appellant.

Law Offices of Richard Batelman, Brooklyn ( Maksim Leyvi , of counsel) for respondents.

Concur—Renwick, J.P., Kapnick, Mazzarelli, Shulman, Pitt, JJ.


Plaintiff is entitled to a money judgment and a writ of ejectment against defendant tenant, because paragraph 26 of the parties' lease agreement states that even if plaintiff as landlord were prevented from fulfilling its obligations under the lease as a result of certain circumstances beyond its control, the tenant's obligation to pay rent and additional rent would not be excused. The tenant does not deny that it ceased paying rent in or about March 2020 and that it received...

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