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Pandemic Does Not Waste Lease’s Casualty Clause Court Finds

One year to the pandemic, courts have almost uniformly found that COVID-19 does not allow commercial tenants to prevent their lease payment duties. In this case, the court continued that trend, judgment that the pandemic was not a”casualty” that allows a tenant to abate its lease payments or cancel its lease. Authors Patrick J. Potter, Christian A. Buerger, Hugh M. McDonald, Patrick E. Fitzmaurice, and Jonathan Doolittle talk a new instance from the Southern District of New York that expands the trend of judges enforcing rentals against renters forced to close because of the impact of the COVID-19 outbreak in”Court Finds Pandemic Does Not Satisfy Lease’s Casualty Clause.”