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Pandemic Does Not Satisfy Lease’s Casualty Clause Court Finds

From Pillsbury’s Construction & Real Estate Law Team

One year into the pandemic, courts have almost uniformly discovered that COVID-19 doesn’t allow commercial tenants to prevent their lease payment duties. In this case, the court continued that fashion, judgment that the pandemic wasn’t a”casualty” that permits a landlord to abate its lease payments or cancel its rental. Authors Patrick J. Potter, Christian A. Buerger, Hugh M. McDonald, Patrick E. Fitzmaurice, along with Jonathan Doolittle talk a new case from the Southern District of New York that expands the tendency of judges enforcing rentals against tenants forced to close due to the impact of the COVID-19 pandemic in”Court Finds Pandemic Does Not violate Lease’s Casualty Clause.”