Philadelphia Skyline

145 Park Avenue, L.P. v. IRF/ACORN Group LLC a/k/a RF Furniture Rentals

(Supreme Court of the State of New York, July 26, 2004)

In an action by a landlord against a former commercial tenant to collect the balance of unpaid rent due under a written lease which was repudiated by the tenant when it vacated the premises prior to the end of the lease term (allegedly due to business hardship occasioned by 9/11), summary judgment granted to landlord for back rent and attorneys fees, where tenant claimed an oral modification in the lease, but such claim was overcome by a lease clause barring oral modifications.  Link to Full Text of Decision

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