Case Type

Holdover-Breach of Lease

Housing Type

Other

Court

Supreme Court of the State of New York

County

New York County (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

653594/2020

Petitioner

ONE STEP UP LTD.

Respondent

MANHATTAN BEACHWEAR, INC.

Judge

Engoron, Arthur F.

Decision/Order Date

2023-09-05

Posture

Post-answer Motion by Tenant

Disposition

Judgment for Landlord

Winner

Landlord Substantially Won

Synopsis

One Step Up Ltd., as subtenant, entered into a sublease with Manhattan Beachwear, Inc. for office space. Due to COVID-19, One Step Up Ltd. believed the force majeure clause applied, withholding rent. However, the court ruled that the clause did not excuse rent obligations for the subtenant. Manhattan Beachwear, Inc. drew down on a letter of credit, leading to a judgment in favor of One Step Up Ltd. for a reduced amount.

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