195 B Owner LLC, Petitioner (Landlord), against Anthropologie, Inc., Respondent(s)-Tenant(s), 77 Misc. 3d 850

Summary

HOLDINGS: [1]-In a commercial nonpayment proceeding seeking to recover possession of the premises at issue, respondent's cross motion to dismiss petitioner’s petition for summary judgment was granted as respondent did not breach the lease when it did not pay rent because the force majeure clause of the lease excused respondent's obligation to pay rent when the taking occurred pursuant to Section 20 of the lease; [2]-Respondent was entitled to summary judgment on its counterclaim for breach of contract as petitioner breached the lease by charging and then failing to reimburse respondent for rent payments never owed.