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Pandemic Does N’t Separate Lease’s Casualty Clause Court Finds

1 year into the pandemic, courts have almost uniformly discovered that COVID-19 doesn’t allow commercial tenants to avoid their lease payment duties. In cases like this, the court continued that trend, judgment that the pandemic wasn’t 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, along with Jonathan Doolittle talk about a new instance from the Southern District of New York that extends 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 Satisfy Lease’s Casualty Clause.”